defendant that except Kaliammal, the other
two daughters of Marakkal namely, Nanjammal and Marayal had executed a
release deed in his favour, was found ... appellants Narayanasamy had
projected the Will of Marakkal and two release deeds of his sisters. All the three
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defendant that except Kaliammal, the other
two daughters of Marakkal namely, Nanjammal and Marayal had executed a
release deed in his favour, was found ... appellants Narayanasamy had
projected the Will of Marakkal and two release deeds of his sisters. All the three
Appellate Court have set
aside the release deed (transfer deeds) on following grounds:-
i) Both the release deeds are attested by marginal witnesses ... release
deeds got executed and registered by him. Still further, copies of the release
deeds are available on the file and all the release deeds
succeeded to by Budenbi and Zeenath on account of
two release deeds executed by them which were marked
registered the Deed of Release
recording no consideration passing between the parties but admitting
that in the draft Release Deed forwarded consideration mentioned ... effect of varying a written
terms in one of the two Release Deeds executed and the dispute
warrants that pleadings be completed in the suit
various
documents whereas defendant examined three witnesses and brought
on record two release deeds in favour of son and wife, one was during
the pendency
challenged the sale
deed Ex.P.1. He has admitted that he must have executed
the Release Deed two days earlier to execution ... Lakhs
at the time of execution of the Release Deed. This release
deed was confronted to D.W.1 and he has admitted
lifetime of Smt.Munilakshmamma. Smt.Munilakshmamma and her
only daughter executed two Release Deeds in respect of 'C' schedule
property ... denied the Will. In fact, the plaintiffs have
executed a Release Deeds in favour of defendant as per Exs.P.15 &
P.16 confirming
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that release deed only two of the mortgaged properties came to be
released. The petitioner ... incumbent upon the
Bank to release all the mortgaged properties, only two properties came to
be so released. He submitted that the petitioner
suit essentially centers
round a release deed and its execution.
The release deed contains two witnesses.
The plaintiffs-petitioners cited them as
witnesses ... intends to examine only one of the
witnesses to the release deed. He gave up the
other witnesses and made such an endorsement.
However, thereafter
