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1972 Supreme(Mad) 751

RAMAPRASADA RAO
Manjunatha Rai – Appellant
Versus
Board of Revenue – Respondent


Advocates:
T. P. Radhakrishnan, for Petitioner; T. Sathiadev, Asstt. Govt. Pleader, for Respondent.

ORDER :- The petitioner is seeking for a writ of mandamus directing the Board of Revenue to state a case under Section 57 of the Indian Stamp Act on the questions of law which, according to the petitioner, do arise in the Board's order dated 13-5-1971. The petitioner's case is that, in 1947 he purchased a property of an extent of 27 grounds with buildings thereon in Madras, for a substantial consideration, a part of which was provided for by his wife, as is demonstrable by the various events that took place at or about the time of the purchase of the property for securing the sale price. It is said that the petitioner's wife mortgaged her own property and contributed towards the price of the property. In or about 1970 the petitioner decided to relinquish and release his interests over a portion of the said property, viz., an extent of ten grounds which, eversince the purchase, was in the possession of the petitioner's wife and who, with her own funds, did put up a superstructure thereon as well. In order to confirm and confer a better title to the petitioner's wife, an instrument of release was prepared by the petitioner in and by which he expressly released and relinquished his in













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