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Shyodutt vs. Dinesh & Ors.

54.00 5.40

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Permanent Injunction & Cancellation of Release Deed–Suit for–Decreed by the First Appellate Court–Release deed can be executed only in favour of a co-owner–It cannot be executed in favour of other person–In the instant case, appellant S was not the co-sharer in the land in question nor he was co-parcener–Plea of appellant S that J was his real brother, and he was having right to execute the release deed in favour of the appellant, cannot be accepted–Appellate Court considered in detail and rightly held that the document was not a gift deed–Stamp duty required for the gift deed was also not paid–Civil Court was having jurisdiction for cancellation of the document–Held, no case is made out for interference.