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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.G.Jayachandran, S.Srimathy, K.K.Ramakrishnan, JJ
11.S.Hepziba Kasthuri Bai (died) – Appellant
Versus
1.A.S.A.Balachandran – Respondent
| Table of Content |
|---|
| 1. facts of the case and parties involved. (Para 1 , 4 , 5 , 6) |
| 2. arguments regarding the validity of the release deed. (Para 7 , 15 , 19) |
| 3. judicial interpretation of section 21(1) of the registration act. (Para 8 , 11 , 24 , 34) |
| 4. discussion around the legislative intent and sufficiency of property description. (Para 10 , 12 , 14 , 21 , 27) |
| 5. conclusion regarding the validity of universal release deeds. (Para 28 , 39 , 41 , 46) |
ORDER
In view of the conflicting judgments regarding the interpretation of Section 21 (1) of the Registration Act , 1908, the Division Bench of this Court while considering the Appeal Suit under Section 96 of Civil Procedure Code directed against the judgment and decree passed in O.S.No.21 of 2025 on the file of the Additional District Judge, FTC, dated 21.09.2023, had framed the following question for reference to the larger bench:
2.The learned counsel appearing for the parties have placed their arguments in detail tracing the legislative intent of Section 21 of the Registration Act citing judicial pronouncements of the various High Courts and Hon'ble Supreme Court.
4.The suit for partition was filed by one of the daughters of Thiru.A.S.A.Rat
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