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1926 Supreme(Mad) 103

PHILLIPS
Chitturi Venkataratnam – Appellant
Versus
Siram Subba Rao – Respondent


JUDGMENT

Phillips, J.

1. L.P. Appeal No. 42 of 1925:--The only question for consideration in this appeal is, whether the document, Ex. III, is admissible in evidence. It purports to be a kararnamah or release of partnership share and it recites that in consideration of a sum of Rs. 2,100 settled by the mediators, the executant relinquishes his share, title and interest in the partnership business. Admittedly the partnership was possessed of immoveable property and the learned Judge in second appeal has held that as the document is one creating or extinguishing an interest in immoveable property within the meaning of Section 17 of the Registration Act, it requires registration and is therefore inadmissible in evidence as not having been registered. The learned Judge finds that this document is a relinquishment of the executants share in the partnership and that instead of Subba Rao being paid his share of the assets of the partnership, the partners entered into an arrangement by which he purported to release his right in the partnership.

2. Inasmuch as he received a consideration of Rs. 2,100 for this release that amount is clearly the amount settled by the mediators as being the share








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