...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 being barred by limitation, secondly on the ground of the suit for mere cancellation of sale deed being not maintainable without the plaintiff claiming the subsequent relief of possession of.... 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 possession is not maintainable. First...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 relief. In...

...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. Thus, it was a suit for declaration for cancellation of the sale-deed and possession as a consequential relief thereof. Thus, where consequential relief of possession cannot be granted without cancellation...:—“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….”“6……A suit...

...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 Section 17 of the Contract Act while recording a finding on fraud ? 5. Whether suit for cancellation of sale deed without consequential relief of possession was.... 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 favour of a potter by...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 possession was not maintainable. Submission is..., 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 when...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, it was a suit for declaration for cancellation of the sale-deed and possession as a consequential relief thereof. Thus, where consequential relief of possession cannot be granted without cancellation...:—“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 Section...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.”“6……A suit for...

...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 exclusive competence of revenue court. Without possession, mere declaration or cancellation of...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. The learned single.... 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 deed...

..., 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 deed was illegal, without consideration and fraudulent.7. The relief sought was for cancellation of that sale deed and for recovery of possession.8...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 of Balwant Singh and..., 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 cancellation of the sale-deed, the reason being that the sale-deed was executed by one of the Aam mukhtiyars of the plaintiffs' guardians. The plaintiffs in the circumstances could not have claimed possession of the disputed lands without asking...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 of the plaint...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 deed, arrears of rent, vacant possession and mesne profit was dismissed? (d) Whether, without seeking the relief of...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, the issue of possession can be decided without disclosing the time line of illegal possession. (f) Whether, a suit filed on basis of landlord-tenant relationship, the decree can be passed for possession and cancellation of sale deed without...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 Sushila Bai...

...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 possession on the basis of the sale deed over the northern portion.4. The sale deed was executed without legal necessity and without the consent of other coparceners. Thus the relief sought was for cancellation of...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. 15-10...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 possession.c. As to whether...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 and 25 of the Indian Contract Act? (iv) Whether the suit simply for declaration can be filed and a decree for cancellation of sale deed can be given without claiming the alternative relief of injunction, if the plaintiff is in possession, or...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 defendant, it was...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 restoration of possession have also being prayed, the same cannot be done without cancellation of the sale deed. In...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 liable to... 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 be filed by merely affixing a..., 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 necessity...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 maintainable. In...

...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 cancellation of the sale deed and possession as a consequential relief thereof. Thus, where consequential relief of possession cannot be granted without cancellation...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 cancellation..., 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 also claimed. 6...

...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. Relief.4...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...

... for cancellation of the sale deed dated 10th August, 2000 with respect to the one half share in the property. xxx xxx xxx 11. 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 possession is...if `B', a non- executant, is not in possession, and he seeks not only a declaration that the sale deed is invalid, but also the consequential relief of possession, he has to pay an ad...cannot be said that merely because the plaintiff is claiming the relief of cancellation of sale deed of one half share of the property to which the plaintiff claims entitled...

...for cancellation of the sale deed dated 10th August, 2000 with respect to the one half share in the property. xxx xxx xxx 11. 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 possession is...merely because the plaintiff is claiming the relief of cancellation of sale deed of one half share of the property to which the plaintiff claims entitled to, he is also... required to necessarily claim the relief of partition. If the plaintiff succeeds in having the relief of cancellation of sale deed, the result thereof would be...

...suit for cancellation of the sale deed dated 10th August, 2000 with respect to the one half share in the property. xxx xxx xxx 11. 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 possession is...said that merely because the plaintiff is claiming the relief of cancellation of sale deed of one half share of the property to which the plaintiff claims entitled to, he...is also required to necessarily claim the relief of partition. If the plaintiff succeeds in having the relief of cancellation of sale deed, the result thereof...