K. VEERASWAMI, C. J. :- This is a reference under S. 57 of the Indian Stamp Act. The question is -

"Whether on the facts and circumstances of this case the sale deed dated 7-4-1965 executed by Thirumathi Pattammal and Pushpavathi Ammal in favour of the respondent herein is absolutely void in law from the beginning and the refund of the value of stamps affixed on the instrument in question can be allowed?" The facts stated by the Chief Controlling Revenue Authority are that after the conveyance, it was found that the vendor had no title to the property covered by the document and, for that reason, the vendor executed another document conveying a different property. The first sale deed was valued as a conveyance. The point is whether because the vendor had no title, it could be regarded as one found to be absolutely void in law from the beginning within the meaning of Section 49 (d) of the Stamp Act.

2. The sale deed contained, besides the operative part of the conveyance, covenants as to title and indemnity. It provides that if right in respect of the property conveyed is found vested in a third party, the vendor would, at his own expense, make good the consequent loss to the