...instrument is not avoided the title continues to be effective. This would be a case where the instrument is a voidable instrument. But in case the instrument referred to in the plaint is a void document, that is it creates no title ...be cancelled was a document void ab initio, for instance, if it had been executed by the plaintiff while he was minor, then the document being completely void it would not have been necessary to...transfer made by her would be void ab initio would not require cancellation through a decree by the civil court. What is to be decided in this case is the question of fact whether the plaintiff was the...

...dated 16.02.1981 which was registered as Document No.689 of 1981 as sham and nominal document , void ab initio, non est in law, invalid and the same is not binding upon the plaintiff..., c) For a declaration declaring the Award No.1 of 1998 and Award No.2 of 1998 dated 09.03.1998 and 10.09.1998 respectively by the defendants 6 and 7 is exfacie illegal, void ab initio, and the...

...document void ab initio;(2) There was material alteration of the deed without the knowledge and consent of the executant rendering it wholly void; and(3) The executant of....”Art. 59 will apply when a suit is filed for cancellation or for setting aside a document which is not void ab initio. If a document is void ab .... A/5 was not a legally executed document by Baidehi and was a void document ab initio, or in other words it did not exist in law. Therefore, by applying Art. 59 of the Limitation...

..., once a registered document is executed, the entry regarding the same should reflect in the encumbrance certificate to be issued. Only on the ground that Ext.P6 is a document void ab initio as the... petitioners is either to ignore Ext.P6 as according to them it is a void ab initio document or to get it cancelled, if they so desires, invoking Section 31 of the Specific Relief...cancellation deed. According to the petitioners, Ext.P6 is void ab initio inasmuch as it is a unilateral cancellation deed. It is in these circumstances, the petitioners have approached this Court to...

.... by Smt. Zubaida and Smt. Hamida in favour of Shafiuddin was a void document or a voidable document. If it was a document void ab initio, certainly, no right passed to Shafiuddin which h..., the deed cannot become void ab initio. It can be a valid document unless it was avoided by the persons concerned. Certainly this deed has not been avoided by the mutwallis or beneficiaries. As a...Mutwalli in respect of Waqf land for more than three years without the sanction of the court was not void ab initio under the Mohammedan Law and was only voidable. It was also held that such leases are operative or binding ...

...contravention of the Provisions of the Act. Ex. D-1, the Panchnama has rightly been rejected as a document of title in favour of the defendants because it was a document void ab initio and was not also reg...Additional Commissioner, relying on a Panchnama Ex. D-1 has held that no title could pass to the defendant on basis of the document but it was evident that the possession was permissive and as such...occupancy tenancy plots being void and the pos-session of the mortgagee being that of a licensee, the mortgagor, if he wanted to regain possession, could do so on ter-mination of licence, which could...

...document void ab initio, and be set aside. Thereafter the plaintiff has also made the prayer for declaration of title over the suit house and recovery of possession.4. Shorn of...dated 01.10.1974 is void ab initio and liable to be set aside.(iv) Whether the plaintiff or defendant has got right, title and interest in the suit property.7. After hearing the parties and c...document which was void ab initio.9. The learned senior counsel appearing on behalf of the appellant has mainly submitted that the suit filed by the plaintiff was barred by limitation as...

...express provisions of the Code which made offences under S. 277 and later part of S. 506, I.P Code, non-compoundable. In this circumstance, the compromise was a document void ab initio and, therefore...that the compromise was not legally possible in the criminal case in question as shown above. The compromise petition is void ab initio and as such it cannot be looked into.10. The...against the provisions of law or which is against public policy is void. The position of the present compromise is similar in nature. No compromise could be entered into in the criminal case against the...

...basis of the allegations in the plaint, the Will deed can safely be said to be a document void ab initio for the reason that as alleged it was never executed by the person who is said to have authored...Hon'ble Supreme Court relied upon by appellant itself that the deed is alleged to be void ab initio and for the purpose of collateral proceedings cancellation of such a document is not necessary...wholly without jurisdiction. Such acts and transactions etc are void ab initio and for avoiding them no declaration is necessary as it can be disregarded in collateral proceeding as the law does not...

...void ab initio, for instance, if it had been executed by the plaintiff while he was a minor. Then the document being completely void it would not have been necessary to avoid it and in that case he could.... 13. For purposes of this particular case, this was enough to hold that the decision of the court below is right, if the document in question is only a voidable document and not void ab ..., merely by proving that it was a void document, get a declaration of his title to the property or even possession without cancellation of the sale deed. It was possible for the revenue court in those...

...document void ab initio, for instance, if it had been executed by the plaintiff while he was minor then the document being completely void it would not have been necessary to avoid it and in that ...preferential heir, the transfer made by the widow was void ab initio. It was held that it would not require cancellation through a decree by the civil court. In this case a reference was made to the...could, merely by proving that it was a void document, get a declaration of his title to the property or even possession without cancellation of the sale deed. It was possible for the revenue court in...

.... Non-payment towards the 1 sale price itself made the document void ab-initio because the same is in violation.../petitioner, then the sale-deed itself is void ab- initio and as fraud has been played by the defendants in not paying the entire amount towards the sale-deed, therefore, the same is void ab-...Nos.1 & 2 by committing fraud be declared as null and void and further declaration to the effect that sale-deed dated 22.09.2020 be also declared as null and void and not binding upon the...

...more than twelve years…” which, in our opinion, is the correct position of law. The sale deed dated 15-1-1966 being a document void ab initio did not convey any title and the possession of the...the date of transfer and he was to be penalised therefor. The transaction is void ab initio and the Revenue Officer is merely to declare it invalid after being satisfied upon enquiry...was void and by the time Sec. 23-A came into force, the petitioner had perfected his title by way of adverse possession.11. The learned appellate Court as well as the revisional Court...

...petitioner that the revisional Court has failed in appreciating the difference between a voidable document and a document void ab initio. Placing reliance of decision of the Honble Apex Court in a...adjudicate the voidability in a document. He also places reliance on a decision as reported in 2016 (II) OLR 399 to support his above contentions. Sri Mishra, learned counsel for the petitioner also...deed of relinquishment is void or voidable? This Court observes that for the finding of the revisional authority that the instrument becomes voidable, it had no other alternative than to accept such...

...set aside. The Division Bench further held that the position would have been different if the document which was sought to be cancelled was a document void ab initio, for instance, if it had been...void ab initio, for instance if it had been executed by the plaintiff while he was a minor, it would not be necessary to avoid it and the plaintiff could merely by proving that it was a void document...executed by the plaintiff while he was a minor. Then the document being completely void it would not have been necessary to avoid it and in that case he would, merely by proving that it was a void document...

....16. When a document is valid, no question arises of its cancellation. When a document is void ab initio, a decree for setting aside the same would not be necessary as the same ...said deed of sale, thus, being void ab initio, the limitation of three years from the date of attaining of majority, as is provided for in Article 59 (sic Article 60) of the Limitation Act, 1963...transaction is held to be void.21. Respondent 1 has not alleged that fraudulent misrepresentation was made to him as regards the character of the document. According to him...

...respondents that the plaint averments do not make out a case on behalf of the plaintiffs that they treated the document in question void ab initio and in the given status of record, the suit of the...document was to be treated void ab initio. The contentions as sought to be developed in this writ petition on the validity of the registration proceedings, looking to the frame of the suit, are difficult to be coun...not entitled to proceed under Part XII. In any case, the contention on the registration of the document does not lead to position that the document was void ab initio and hence, this suit could have been f...

...executed by the power holder with respect to an immoveable property; (iv) what amounts to a document void ab initio or void document; (v) whether the Trial Court is justified in...consideration insofar as parties to the document present more than one remedy, a third party to Ex. A-5 can raise the plea of Ex. A-5 being illegal and void ab initio. The admission, on non-receipt of... Enathu Sub-Registrar office as void ab initio, for consequential relief of perpetual injunction restraining the Respondents from alienating and from e...

...sought to be cancelled was a document void ab initio, for instance, if it had been executed by the plaintiff while he was a minor. In that eventuality the document being completely void, it would ...unnecessary to avoid it and in that case he could, merely by proving that it was a void document, get a declaration of his title to the property or even possession without cancellation of the sale deed...Holdings Act, 1953. It was, accordingly, contended that since the document is a void document it can be ignored and the claim for the declaration of rights in regard to the plots in dispute can be...

...4-5-1973 executed by defendant 6 in favour of defendant-3 in respect of Ac. 0.95 decimals out of the suit land is a void document or a voidable one. If it is a document void ab initio, the...principle of abatement of suits based on deeds of alienation which are void ab initio or which are voidable at the instance of the plaintiff, it was explained:—“……We think that a distinction can be made betwe...abate. (Puni Bewa v. Ananta Sahoo . 47 1979 C.L.T 494..) With regard to alienation made by documents which are void ab initio, the principle of law has been clearly...