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1961 Supreme(Mad) 365

S.RAMACHANDRA.IYER, RAMAKRISHNAN
P. A. Seetharama Raju – Appellant
Versus
Messrs. Lala Gopikrishna Gokuldoss Agency Department – Respondent


Advocates:
V. V. Raghavan and V. Srinivasan, for Appellants.
R. Ramamurthi Iyer, for Respondents.

Ramachandra Iyer, C.J.- This is an appeal against the judgment of Ganapatia Pillai, J., in a suit (C.S. No. 41 of 1957) under section 77 of the Indian Registration Act directing registration of two documents together with a certificate of balance attached thereto, the documents being marked as Exhibits P-4 and P-1. The appellants, Seetharama Raju, Rajeswari and Bapiraju constitute a firm of partners carrying on business under the name and style of Srinivasa Mining Company at Chipurapalli in Srikakulam District (Andhra Pradesh). They were the defendants to the suit. The firm owns certain manganese mines in Srikakulam District. The respondent (Plaintiff in the suit) had agreed to finance the venture undertaken by the firm and the question in this appeal relates to the registrability of that financing agreement Exhibit P-4, dated 30th June, 1956, entered into between the parties.

Before referring to the provisions of that agreement it is necessary to state certain other facts. The first appellant Seetharama Raju was originally a partner in a firm known as Ramakrishna Mining Company. By a document, dated 19th November, 1955 the respondent had agreed to advance certain sums of money for




















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