3934 OF 2006 Page 10 of 30
I. Whether the registered release deeds dated 09.11.1956
(Ex.D-15) and 14.09.1967 (Ex.D-16) are valid ... preserved.
7) Issue I - Validity and effect of the two release deeds.
7.1. The parties are at variance on whether plaintiff no. 2 and
defendant
deed in 1948 died on 01.09.1979 did not
question the said release deed dated 05.10.1948 and his
right to question the release deed had extinguished ... release deed.
17
24. Since the release is for valuable consideration,
the Court has to consider whether the release deed dated
05.10.1948 is a sale
deed in 1948 died on 01.09.1979 did not
question the said release deed dated 05.10.1948 and his
right to question the release deed had extinguished ... release deed.
17
24. Since the release is for valuable consideration,
the Court has to consider whether the release deed dated
05.10.1948 is a sale
literate. She knew contents of
release deed and received consideration after release deed, the first
defendant executed a gift deed. The plaintiff has accepted ... release deed. The plaintiff has not put forth
any specific averment regarding fraud and undue influence in executing
the release deed. The plea of fraud
Therefore, a release deed is not
required to be executed by all the coparceners joining the same deed
or the release deed is required ... that it is a release deed. We, therefore,
unhesitatingly hold that the document has been correctly stamped as a
release deed."
(Emphasis Supplied
property
6 O.S.No.1811 of 2018
has executed two separate Release deeds dated
29.03.2000 in favour of plaintiff relinquishing his right ... documentary evidence, i.e,
registered Sale Deeds dated 11.03.1998 and Release
deeds dated 29.03.2000 the plaintiff is able to establish
said loan amount. Ex.P4 and 5 are the two
postal receipts, Ex.P6 is the postal cover ... financial transaction,
they had given the complainant a release deed and two cheques
each from herself and her husband as security. After repaying
the money
earliest. However,
contrary to the same, now the plaintiffs pray for releasing the mortgage by treating the
payment already made by them as surplus ... also stated that the defendants,
as mortgagees under the two registered mortgage deeds, have every right to bring the
properties for auction sale to realise
validity of the mortgage deed dated 21-11-1967
and sale deed dated 21-12-1970 is beyond the
period of limitation of three years ... valid
to the minority of two plaintiffs at the time of release deed. The straight
answer comes from the decision of the Full Bench
suit filed challenging
the validity of the mortgage deed dated 21-11-1967
and sale deed dated 21-12-1970 is beyond the
period ... valid
to the minority of two plaintiffs at the time of release deed. The straight
answer comes from the decision of the Full Bench
