SIDDEMEETTI KRISHNA MURTY Vs. COMMISSIONER OF SURVEY SETTLEMENTS
HIGH COURT OF ANDHRA PRADESH
SIDDEMEETTI KRISHNA MURTY
COMMISSIONER OF SURVEY, SETTLEMENTS
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N.D.Patnaik, J. -
(1.)This reference is made by the Chief Controlling Revenue Authority
under Section 57 of the Indian Stamp Act, 1899 regarding the stamp duty
payable on a document. The facts, according to the statement of case, set out
by the Chief Controlling Revenue Authority are as follows: The petitioners
1 and 3, their brother Siddamsetty Mukteshwar Rao and their father
Siddamsetti Ramanatham constituted a firm which came into existence from
1-3-80 to carry on the business of running a cinema hall under the name and
style of M/s. Shree Girija Picture Palace at Warangal. The duration of the
partnership shall be at will. Out of the five partners three partners ie., the
petitioners wanted to retire with effect from 31-3-82 and the remaining two
partners who continued to do the business desired to co-opt four other partners
and to constitute a new partnership to run business with effect from 1-4-82
and accordingly a document has been drafted. The document is styled as
retirement cum-release deed executed between the petitioners in favour of six
persons including two partners of the old firm and four other new partners.
(2.)The Chief controlling authority has referred the following question
for decision of the High Court:
"Three partners retired, 4 new partners entered into
partnership. Would this be called a release or conveyance in
view of the document being composite one having ingredients
of "Release" and "Conveyance".
(3.)As the petitioners were not represented by any counsel we requested
Sri V. Parabrahma Sastry, Advocate to assist the court as amicus curio.
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