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Muthusawmi Pillay Vs. Govindasawmi Pillay - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.267
AppellantMuthusawmi Pillay
RespondentGovindasawmi Pillay
Cases ReferredVide Ram Niranjan Singh v. Prayag Singh
Excerpt:
release - releasor offering to vacate house--absence of words of conveyance--whether release operative--enforceability as a family settlement--transfer of property act (iv or 1882), section 54. - 1. we think that, although exhibit b may not contain words of conveyance, that document should be enforced as having been executed in settlement of a bona fide family dispute between the parties. vide ram niranjan singh v. prayag singh 8 c. 138 where the law relating to such settlements is dealt with. we, therefore, set aside the decree of the subordinate judge and restore the decree of the district munsif with costs in this and the lower appellate courts.
Judgment:

1. We think that, although Exhibit B may not contain words of conveyance, that document should be enforced as having been executed in settlement of a bona fide family dispute between the parties. Vide Ram Niranjan Singh v. Prayag Singh 8 C. 138 where the law relating to such settlements is dealt with. We, therefore, set aside the decree of the Subordinate Judge and restore the decree of the District Munsif with costs in this and the lower appellate Courts.


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