P.CHENNAKESAVA REDDY, PUNNAIAH, K.A.SWAMI
Kothuri Venkata Subba Rao – Appellant
Versus
Registrar of Assurances, Guntur – Respondent
( 1 ) THE question referred to us by the Commissioner of Survey Settlements and Land Records, Andhra Pradesh, under S. 57, Stamp Act, is whether the document styled as release deed by the petitioners is a sale deed for consideration or whether it is a release deed.
( 2 ) SIX petitioners, viz. , (1) Kothuri Venkata Subba Rao, (2) Kothuri Sambasiva Rao, (3) Kothuri Srinivasa Rao alias Venkateswarulu, (4) Kothuri Bhaskara Rao, (5) Kothuri Vijaya Bhaskara Rao and (6) Ramesh Babu being minor represented by guardian and mother Kothuri Vijaya Laxmi and four others, viz. , (1) Kothuri Ramulu, (2) Penugonda Lakshmi Bapamma, (3) Murikipudi Venkataranganadham and (4) Kothuri Laxmaiah purchased jointly two plots of lands under two registered sale deeds dt. 7-11-1968 for Rs. 70,000/- and dt. 29-8-1973 for Rs. 20,000/- for constructing a Cinema Theatre. They were in enjoyment of the properties jointly as co-owners and no partnership was entered into. Later the four persons did not want to continue in business, executed four separate relinquishment deeds dt. 31-5-1976 in favour of the remaining members, who wanted to continue in business after receiving a consideration of Rs. 12,000/
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