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D.T. Venkata Srinivasacharlu Vs. Kadambi Kundalam Andalamma - Court Judgment

LegalCrystal Citation
SubjectContract;Property
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.240
AppellantD.T. Venkata Srinivasacharlu
RespondentKadambi Kundalam Andalamma
Excerpt:
specific relief act (i of 1877), section 39 - cancellation of instrument--'receipt,' whether an instrument--apprehension of injury if instrument left outstanding. - 1. the suit is brought under section 39 of the specific relief act for the cancellation of exhibit c, a receipt alleged to have been granted by the plaintiff to the defendant.2. it is argued before us tint the gait is not maintainable. illustration (6) to that section shows that a suit may be brought for the cancellation of a forced instrument.3. we are also of opinion that exhibit c is an 'instrument.'4. it purports to discharge the debt due by the defendant to the plaintiff and purports also to be signed by her. ie it is not cancelled and left outstanding, it may cause her serious injury.5. we dismiss the second appeal with costs.
Judgment:

1. The suit is brought under Section 39 of the Specific Relief Act for the cancellation of Exhibit C, a receipt alleged to have been granted by the plaintiff to the defendant.

2. It is argued before us tint the gait is not maintainable. Illustration (6) to that section shows that a suit may be brought for the cancellation of a forced instrument.

3. We are also of opinion that Exhibit C is an 'instrument.'

4. It purports to discharge the debt due by the defendant to the plaintiff and purports also to be signed by her. IE it is not cancelled and left outstanding, it may cause her serious injury.

5. We dismiss the second appeal with costs.


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