...rejection of the pliant under Order 7 Rule 11 of the CPC was sought on three grounds. Firstly, on the ground of the claim for cancellation of the sale deed bein.... The main plea which arises for consideration is whether it can be said that the suit for the relief of cancellation of sale deed alone without claiming relief of ...succeeding in the suit, the answer is that once the sale deed of one half share is set aside, the plaintiff will thereafter either claim the relief of partition or possession or claim any other ...

...be applicable. The Full Bench found that the suit was virtually for the cancellation of the sale-deeds and the plaintiff cannot obtain possession unless such decree is cancelled by a decree of the Court. T...:—“8. It is the common case of the parties that in case the main relief in the suit is held to be that of cancellation of the sale-deed, then the case is not covered by...cancellation of the sale-deed, executed by her, in favour of the defendant-respondent. She cannot claim possession unless the said deed is cancelled by a decree of the Court….”...

...sale deed as it was a registered document, only on conjecture and surmises? 3. Whether the lower appellate Court was justified in not taking into consideration the ingredients of .... 41 of 1981 as a result of which he accepted the appeal decreeing the suit of the plaintiff. 2. It is a case of execution of sale-deed of land by blind man in f...which ultimately turned to be the sale-deed. The decree was passed by trial Court regarding the validity of the sale-deed, hence the present Second Appeal. 3. Few facts are undisputed...

...disputed property and their names were also recorded at the time of institution of the suit, the suit for cancellation of sale deed without claiming relief of ..., the decree holder, being out of possession since beginning, mere cancellation of sale deed would not suffice and, hence, the suit was bound to fail on this ground alone. It is further urged that...would not confer premium on them and once sale deed in favour of the appellants has been found to be without any right, the respondents are entitled for possession and to maintain the same. As regards...

...applicable. The Full Bench found that the suit was virtually for the cancellation of the sale-deeds and the plaintiff cannot obtain possession unless such decree is cancelled by a decree of the Court. Thus...:—“8. It is common case of the parties that in case the main relief in the suit is held to be that of cancellation of the sale-deed, then the case is not covered by ...cancellation of the sale-deed, executed by her in favour of the defendant-respondent. She cannot claim possession unless the said deed is cancelled by a decree of the Court.”...

...hold that the said sale deed was voidable and not void. The main relief which could have been sought by plaintiffs, was the recovery of possession over the holding ; that relief was within the exc...down by verdict of village panchayat. She further averred that the sale deed was sham transaction and thus the relief sought was cancellation of sale deed after adjudging void. T.... 52 of 1979. 2. The brief facts of the case are that the plaintiff-respondent Smt. Esraji w/o Devi Charan filed a Suit No. 52 of 1979 for declaration and cancellation of a sale ...

..., gave himself out as a son of Bhuri Singh who got his name entered in the revenue papers. He also executed the disputed sale deed on September 21, 1970, in favour of defendants 1 and 2. That sale ...plaintiffs' suit for recovery of possession and cancellation of sale deed dated September 21, 1970 was decreed with costs.2. Plaintiffs are Chatur Singh, Balvir Singh sons ..., the vendees, contested the suit alleging that Bishun Kumar was only son of Bhuri Singh who executed the sale deed in their favour for valuable consideration; Sheo Singh alias Phool Singh was not the son...

...would reveal that the principal relief in the present suit is the cancellation of the sals-deed and the reliefs for possession and mesne profits are merely consequential to the relief of ...court has found that the principal relief in the case was of possession and mesne profits and not the cancellation of the sale-deed. This finding is also unsustainable A bare reading ...cancellation of the sale deed. The principal relief therefore was cancellation of the sale-deed and the reliefs for possession and mesne profits were merely...

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... partially decreeing the appeal and reversing the well reasoned finding recorded by learned trial Court wherein civil suit for cancellation of sale ...declaration of title any relief of possession can be granted in favour of plaintiff which is against section 34 of Specific Relief Act? (e) Whether, ...that the respondent no.1 Prakashchand filed a civil suit seeking relief of declaration of nullity of sale deed dated 11.02.2015 executed by the appellant in favour of the respondent no.2 ...

...the joint Hindu family; Balla Singh was Karta of the family. Defendant No. 1 wrongly executed the sale deed in favour of defendant 2 about the northern portion of the said house. Vendee entered in ...interrelated. Defendant No. 1 is the vendor and defendant 2 is the main contesting defendant Ram Chandra vendee. The suit was filed on 1-9-1969. Relief sought was for cancellation of the sale deed dt. 15-1...or bona fide with the concurrence of the co-parceners.23. Thus the plaintiffs were entitled to the cancellation of the sale deed and to recover the possession. This is again a...

...from the date of execution of Sale Deeds of the year 1962 and 1963, is legally maintainable without seeking relief for cancellation of Sale Deed and physical ...his share wherefor he has paid the sufficient court fee.15. As regards not seeking the relief of cancellation of sale deeds is concerned, I feel he was not legally bound to seek the...cancellation of such sale deeds because firstly these sale deeds were got executed by two other brothers without bringing this fact into his notice and there was no means available with him to know the...

...sanction of the mutation, is permissible under the law? (iii) Whether cancellation of registered sale deed by an unregistered agreement is hit by the provisions of Sections 23 a...the case of the respondent/plaintiff, defendant Kishan Chand, appellant herein, had purchased land from him vide sale deed of 10.5.1965. At the time of delivery of possession to the defen...discovered by the parties that the sale deed had inadvertently been effected in respect of unwanted Khasra numbers. The defendant had refused to take physical possession of the land. Sequelly, the...

...the defendant No.1,2,3,4,5 and 6 be directed to hand over the possession of the property to the plaintiffs. Thus, apart from declaration with respect to injunction against the respondents, the consequential relief restorati...prayed for restoration of the possession. Therefore, as per settled legal preposition of law and once he is not a party to the sale deed and is not a signatory on the sale deed he is not ... sale deed wants it to be annulled, he has to seek cancellation of that deed for which ad valorem Court fee on the consideration...

...cancellation or annulment of a deed much-less the sale deed without asking for the relief of possession, he is not required to pay ad valorem court fee and the suit can ..., Cool Road, Jalandhar and another sale deed of even date, bearing vasika no. 1208, with regard to 40 marlas of land out of the same Surya Palace/Hotel to defendant no. 5, without any legal necess...cleverly filed the present suit in which he is not asking for possession though he is out of possession and a suit for declaration without asking for the relief of possession is not maint...

...the suit was virtually for the cancellation of the sale deeds and the plaintiff cannot obtain possession unless such decree is cancelled by a decree of the Court. Thus, it was a suit for declaration for ...petitioners claiming the sale deed to be void and not binding on the rights of the petitioners the ad valorem court fee is to be paid as the relief of declaration cannot be granted without ..., title or interest on the said share of Hindu co-parcenary property on the basis of alleged sale deed by respondents No. 1 to 3. Consequently, relief of injunction/joint possession was a...

...entitled to sue without claiming a relief for cancellation of the sale deed?6. Whether the plaintiff is in possession of the land in suit?7. ...that the sale deed (Exhibit D. 1) alleged to have been executed by Labhu Singh deceased in favour of Sunder Singh was a sham transaction inasmuch it was without any consideration. On the pleas raised...is without consideration it has to be declared as void. In the circumstances, it must be held that title to the property did not pass in favour of Sunder Singh under the aforementioned sale deed and...

...plaint by the petitioner as an alternate relief. This also leaves no doubt that the petitioner company itself perceives and accepts the sale deed as having been executed by a proper person. It is a different matter whether ...crores, in order to impugn the legality or seek cancellation of the sale deed dated 31.7.2019. Broadly pleaded facts are; that the petitioner company entered into an agreement dated 28.2.2019 to sell...ordered that ad- valorem Court fees is required to be paid on the plaint; because the petitioner, who is the executant of the sale deed, is seeking cancellation of the same. It is against that order...

.... Be that as it may, the relief of possession without seeking cancellation of sale-deed was not available to the plaintiff and therefore, the finding of the learned tria...of the said document, especially when, in the present case the possession was also handed over to the defendant-respondents in pursuance to the sale-deed and mutation was also duly sanctioned. This...entered by and between the respondent herein. But he cannot raise a plea of absence of notice of the deed of sale dated 4.9.1985, which was a registered document. Possession of t...

.... Elaborating on his submission, he submits that the present suit is primarily for the relief of declaration and cancellation of Sale Deed dated 12.11.2012 without asking for a further ...cancellation of Sale Deed dated 12.11.2012 along with other declaratory reliefs and the relief of mandatory and permanent injunction. Clearly, no relief of possession ha...case, the declaratory relief without the prayer for consequential relief of possession is incomplete, when such possession is undisputedly with third party on the basis of sale ...