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1957 Supreme(Mad) 299

RAMASWAMI GOUNDER, RAJAGOPALA AYYANGAR, P.RAJAGOPALAN
Board of Revenue Referring – Appellant
Versus
T. M. Madalai Nadar and Co. , Virudhunagar – Respondent


Advocates:
The Government Pleader (B. V. Viswanatha Ayyar), for the Referring Authority.
M. Subbaroya Ayyar, V. Sethuraman, S. Padmanabhan and S. V. Subramanlan, for Respondent.

Rajagopala Ayyangar, J.- The question which has been referred to this Court for decision is:

“Whether the document dated 12th May, 1953, is correctly classified as dissolution of partnership and conveyance, chargeable with stamp duty under Articles 39 (b) and 19 of Schedule I-A of the Stamp Act, respectively.”

Two persons Rajakanni Nadar and Mathalai Nadar were carrying on business in partnership under the name of T.M.M. Mathalai Nadar and Company. The partnership was started under a deed, dated 16th of August, 1944. The document the stamp in regard to which is now in question, purports to be a deed of dissolution, dated 12th May, 1953. It recites the fact that these two partners, Mathalai Nadar and Rajakanni Nadar, were carrying on business in partnership that there had been a partition in the family of Rajakanni Nadar, that is between himself and his sons, on the 8th of April 1953 that they were entering into this dissolution, and that he was consequently dissolving the partnership between himself and Mathalai Nadar. It also recited that in the place of Rajakanni Nadar, Mathalai Nadar had agreed to admit to the partnership or to the benefits thereof the sons of Rajakanni Nadar. Th








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