dated 27-1-2024)
3. Whether plaintiff proves that the Partition
Deed and Release Deed dated 4-12-
2010 are not binding on him?
4. Whether ... Whether defendants prove that plaintiff
has executed two Release Deeds along
with them for the purpose of equal
distribution of properties
October, 2023
seeking a decree of declaration and cancellation of the two release deeds,
which were admittedly executed by the plaintiff on 13.08.2014 in respect ... registration of the said
release deeds.
2.3. It is stated that non encashment of the cheques mentioned in the
release deeds by the plaintiff would
view of the fact
that the plaintiff had executed a release deed dated 31.07.1956.
3.10 It has been admitted that the larger HUF came ... decided to carry out formal partition
of all the properties by appointing two Arbitrators namely Sh. Amin Lal
and Sh. C. B. Gupta
bare perusal of the said orders reveals that the Will and two
Release Deeds were the subject matters of the judgment dated ... mind, the validity of the Will dated 12.11.1999 and
two Release Deeds dated 31.07.1956 has already been upheld by the
Hon'ble High Court
Subrata Roy Sahara vs Uoi & Ors on 6 May, 2014
Equivalent citations: AIR 2014
deed of release. A deed of release was actually executed by the defendant in favour of the plaintiff.
13. The reason why a deed ... learned Subordinate Judge that a release deed would not be effective to transfer title. A release deed can only feed title but cannot transfer title
1038/1997. The plaintiffs contend that the defendants reliance on
two release deeds dated 31.7.1956 and Will dated 12.9.1999 (of one late Kanshi ... suit. It is contended that the
two release deeds are of the year 1956 and their existence was known to the plaintiffs all the
while
two persons who,
along with their wives, migrated to Pakistan. Before the
decree was passed, the two judgment debtors had executed two
deeds releasing their ... Sabar and Noor
Mohd. Butt had in April 1947 executed two deeds of release
with respect to their property in favour of their wives.
Later
correct. After referring to Exhibit B-l, which was a settlement deed, dated 23rd August, 1948, which had been only registered and which apparently ... second defendant pointed out that on 22nd September, 1960, there were two release deeds, Exhibit B-2 and Exhibit B-3 one executed
petition.
11. It is admitted by the petitioners themselves that two mutual release deeds were executed between the co-owners and this is exactly what ... done in a partition. The parties have chosen to execute two release deeds, to evade payment of stamp duty on a partition which is much
