A.V.KRISHNA RAO
K. R. Mallesha – Appellant
Versus
Ramnath Gajanand – Respondent
( 1 ) THE petitioner is the defendant. The Civil Revision Petition raises a question of construction regarding a certain agreement and also a receipt and the admissibility of those documents and the stamp duty payable in respect of those documents.
( 2 ) THE relevant facts are that the plaintiff and the defendant ran a tea stall business under the name and style of "ramnath Tea stall". There is a deed of partnership dated 6-4-1967. This partnership was shortlived and on 5-6-1968 the plaintiff took a sum off Rs. 10,000. 00 from the defendant and had retired from the partnership on that day : there was what is called an agreement executed by the plaintiff in favour of the defendant. On the same day there was a receipt for Rs. 10,000. 00 also passed by the plaintiff in favour of the defendant acknowledging the receipt for Rs. 10,000. 00. The plaitiff has filed the present suit for dissolution of partnership.
( 3 ) AFTER the trial commenced, the defendant had sought to put in evidence both the agreement and the receipt. It was objected to by the respondent on the ground that the agreement dated 5-4-1968 was a conveyance in the eye of law and that it was not a mere
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