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1976 Supreme(Mad) 277

P.S.KAILASAM, RAMANUJAM, BALASUBRAMANYAN
Chief Controlling Revenue Authority, Board of Revenue, Madras – Appellant
Versus
R. K. Subramaniam – Respondent


Advocates:
V. Manivannan, Addl. Govt. Pleader II, for Petitioner; V. Govindarajulu and R. Thanikachalam, for Respondents.

Judgement

RAMANUJAM J.: This is a case referred by the Board of Revenue under Section 57 of the Indian Stamp Act, 1899. The respondents along with their father Kanthimathinatha Pillai had executed a sale deed dated 18-11-1967 in favour of one Thirumathi Nagammal in respect of the property bearing door No. 6 Munuswami Achari St, Siruvalloor, Madras. Under the said sale deed the house and ground bearing door No. 51 Seshachala Mudali St, Saidapet, Madras had been offered by the vendors and accepted by the vendees as indemnity against any loss, damage or claim in regard to the property conveyed. The vendors subsequently approached the vendee to release her right of indemnity over the said property bearing door No. 51 Seshachala Mudali St, Saidapet, Madras and to accept instead another property bearing door No. 16 Pilliar Koil St, Saidapet, Madras as indemnity. The vender agreed to the said proposal of the vendors and released her rights over the property

given as indemnity under the sale deed, by means of a release deed. Thereupon, the vendors executed an instrument dated 20-4-1968 purporting to be an indemnity bond in favour of the vendee in respect of the substituted property bearing d












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