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1955 Supreme(Mad) 97

P.V.RAJAMANNAR, RAJAGOPALAN, RAJAGOPALA AYYANGAR


Advocates:
The Government Pleader (C.A.Vaidialingam) on behalf of the State.
K.Desikachari for the Executant, namely, Kuppuswami Chettiar.
L.S. Veeraraghava Aiyar for the Payee, namely Arunachala Chettiar.

Rajamannar, C.J.,-The questions referred to us under section 57 of the Indian Stamp Act by the Board of Revenue in this case are:

1. Whether the document in question is a promissory note or a bond within the meaning of section 2(5)(b) of the Indian Stamp Act?

2. If the document is a bond, it not having been produced within one year from the date of its execution as required by section 41 of the Stamp Act, whether the Collector has jurisdiction to proceed under sections 41 and 42 of the Stamp Act and issue a certificate.

The document in question, dated 14th June, 1947, runs as follows:

“Promissory note executed on 14th June, 1947, in favour of Arunachala Chettiar, son of Kollakara Chettiar, residing at Palappudi village, hamlet of Satyamangalam, Gingi taluk, bye Kuppuswami Chettiar, son of Venkatachala Chettiar, residing at the aforesaid village. In respect of the sum received from you at Tiruvannamalai by me in the year 1943 and given for opening a javuli shop by T. Arunachala Aiyar the sum found due to you is Rs.3000. As this sum of Rupees three thousand had to be paid to you, I shall pay the same together with interest at Rs.0-4-0 per month per Rs.100 in six equal instalments, and di


















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