...earnest money and for the payment of damages together with interest. 2. The brief facts are that initially the plaintiff appellant filed a suit for declaration that the sale deed dated 17-12-1996 executed by defendant No.1 in favour of the defendants No.2 & 3 is without consideration, illegal, null and void. Admittedly...& 3 for Rs.20,000/- and this sale deed is illegal without consideration and null and void. According to the plaintiff, it was executed to defeat the claim of the plaintiff accrued on the basis of...be further ordered to pay damages of Rs.5000/- together with interest. 3. The defendant No.1 in her written statement denied all these allegations and pleaded that the sale deed was executed after receiving full consideration of Rs.20,000/- and that it is incorrect that the sale deed is without consideration or null and void. She...

...sale consideration but the defendant filed to do so. The plaintiff sought permanent injunction restraining defendant from alienating the suit land.By way of amendment, the plaintiff wants to seek declaration that sale deed dated 12.08.2002 is illegal and null and void being result of fraud and without consideration...plaintiff would remain the same even after amendment of plaint. It has been pleaded in the original plaint also that the sale was without consideration because the cheque regarding payment of sale consideration was dishonored. On the basis of the same fact, the plaintiff wants to seek declaration that the sale deed is null and void being...12.08.2002 and the defendant paid the sale consideration through cheque dated 12.08.2002 which was, however, dishonored on presentation in the Bank. The plaintiff made request to the defendant to pay the...

...agreement to sell dated 30.3.2005? OPP2. Whether the plaintiff is entitled to the declaration that registered sale deed executed by defendant No. 1 in favour of defendant No. 14 vide vasika No. 31343 dated 30.3.2005 is illegal, without consideration, null and void of...entitled to the declaration that sale deed executed by defendant No. 2, Beant Singh (now deceased), defendants No. 1 and 8 through their attorney defendant No. 13 in favour of defendant No. 15 vide vasika No. 783 dated 12.4.2005 is illegal, without consideration, null and void, of...entitled to the declaration that sale deed executed by defendant No. 2 Beant Singh (now deceased) defendant No. 1 and 8 through their attorney defendant No. 12 in favour of defendant No. 15 through defendant No. 16 vide vasika No. 6035 dated 07.06.2005 is illegal, without consideration, null and void, of...

...plaint. Plaintiff has also challenged the sale deed dated 26.08.2002, sale deed dated 18.11.2002 and registered on 20.11.2002 being illegal, null, void, without consideration, fraud and misrepresentation...the sale deed and he is in possession, he has to sue for a declaration that the deed is null or void and does not bind him or his share and he has pay merely a fixed court fee and in case non executant...has specifically challenged the indicated impugned sale deeds executed by him in favour of defendant Nos. 1 and 2. Unless and until, the impugned sale deeds are set aside, being null & void, he cannot...

...measuring 30 bighas and 7 biswas and land measuring 15 bighas and 8 biswas. Plaintiff had also sought declaration that the sale deed executed on 14.10.2011 by Satwinder Kaur in favour of defendant No. 1 is illegal, without consideration and null and void.3.... Whether the sale deed dated 14.10.2011 is null and void and without consideration? OPP3. Whether plaintiff is entitled to the joint possession on the basis of as prayed for? OPP...4. Whether the plaintiff is entitled to the relief of permanent injunction? OPP4A. Whether Abtalnama dt. 14.12.2009 is illegal, null and void and liable to be set aside? OPP...

...-defendant filed his written statement denying the plaint's averments. He also filed a counter claim to declare the sale deed dated 05.09.2016 as null and void by paying the fixed court fees because the plaintiffs have executed the sale deed without paying any consideration to...-defendant has specifically denied the averments made by the respondents-plaintiffs and sought the relief for declaration of sale deed dated 05.09.2016 as null and void on the ground that the sale deed has been executed by the plaintiffs without any sale consideration and...petitioner, the relief which has been claimed is regarding cancellation of sale deed. The sole ground which has been taken by the petitioner is that the sale deed has been 3 executed without payment of any consideration, therefore, the sale deed is null and void from...

...before the Civil Judge, Dehradun, wherein the plaintiff Dhan Singh, respondent no. 1, in the present writ petition had sought a relief for declaration for decree, declaring the sale deed dated 20.05.1994 as to be null and void. The relief is quoted hereunder:- (a) That a declaratory degree be passed in favour of the plaintiff and against the defendant declaring that the Sale-deed dated 20.05.1994 which is without consideration is...alternatively to pay the sale consideration on declaration of a deed to be void, the two reliefs run contrary to one another. 10. By way of an interim order lastly, the learned counsel...consideration has exchanged and he admits that the documents was executed without consideration. If this be so, then there cannot be any amendment by way of incorporating a relief to the effect that in an...

...sale deed in question to be null and void being executed without payment of consideration. They also sought permanent injunction restraining the defendant No. 2 from alienating the suit land or creating...with them and defendant No. 1 acted in a very fraudulent manner to pledge the sale deed in favour of defendant No. 2 without honouring the cheques issued towards consideration.5. Learned...counsel cites Rambai v. Kapoori 2014 Volume 4 R.C.R (Civil) 376, to contend that if a person commits fraud and gets the sale deed executed without payment of consideration and the...

...the joint khata to file partition proceedings and then she came to know that defendant No. 2 has executed a sale deed in favour of his son i.e defendant No. 1 (now appellant No. 2), which was null and void, to deprive her from her share in the suit land and further got mutation sanctioned in his favour on the basis of the said sale deed. Plaintiff requested the defendants to get the sale deed cancelled which was false and without consideration. However...detailed in the headnote of the plaint and the sale deed executed by defendant No. 2 in favour of defendant No. 1 had no effect on her rights and the said sale deed was illegal, null and void and without consideration as...and concocted. It was denied that the sale deed in favour of defendant No. 1 was illegal, null and void. It was further stated that plaintiff had earlier filed similar suit No. 202 on 1.10.2002 titled...

...contested and one of the issues framed by the learned trial court was “Whether the sale deed dated 4.4.1988 is null and void being without consideration and without legal necessity?”4...the appellant is that the said finding is perverse on the face of the record as the sale deed was executed in the year 1988 and therefore, there was no question of sale consideration being used for...consequential relief of permanent injunction has been ordered to be dismissed.3. The plaintiff-appellant has challenged the sale deed in favour of the defendant-respondents made by his...

...deed dated 12.06.2002 is null and void as the sale deed is without any consideration and against law. It was alleged that Chain Singh defendant no.1 now deceased and being represented by his children was...executed by defendant no.1. Thus, it was alleged that this sale deed was a result of misrepresentation and fraud and, therefore, the sale deed be set aside. Upon notice Baljinder Kaur...was getting treatment from different doctors. He alleged that the sale deed dated 12.06.2002 validly executed for a sale consideration of Rs.2.50 lac qua land measuring 02 kanals 10 marlas. Remaining...

...pleaded regarding the execution of agreement to sell dated 17.01.2008 in favour of defendants No. 2 and 3 and it is denied that the sale deed 27.02.2008 is without consideration, null and void. Defendants...below have wrongly declared the sale deed as well as the mutation as null and void. He further argued that the Courts below have also wrongly held the agreement to sell dated 17.01.2008 in favour of...plaintiff on 22.01.2008 for a total consideration of Rs. 6 lacs and received Rs. 2.6 lacs as earnest money and sale deed was to be executed on 21.07.2008. The plaintiff remained ready and willing to...

...SABINA, J.The plaintiff had filed a suit for declaration and permanent injunction.The case of the plaintiff, in brief, was that vide sale deed dated 31.12.2002, defendant No. 1 had sold the suit land to defendants No. 2 and 3. The said sale deed was null and void and was a result of undue influence and misrepresentation and without any consideration. The...No. 2 and 3 with an intention to grab the share of the plaintiff had got the sale deed executed in their favour.Defendants, in their written statement, averred that the plaintiff was....The case of the plaintiff was that the suit property was ancestral property in the hands of defendant No. 1 Piara Singh and hence he could not have executed the sale deed in favour of...

...and according to the provisions of Section 54 of the Transfer of the Property Act, 1882, the sale deed without consideration is null and void. 5) Mr. Khetrapal, the...transferred to the bank account of the plaintiff but it was refunded. It is further pleaded that the sale deed cannot be declared null and void on the grounds of non- payment of consideration. It is...bearing Survey Nos. 423/2 and 423/3 situated at Village-Gatuari, Patwari Circle No. 21, Tehsil and District-Bilaspur (C.G.) is null and void as the consideration was not paid. It is further stated that...

...defence of the defendant-petitioner was that the sale deed dated 17.1.2007 was illegal null and void without consideration and Tarlochan Singh never remained in possession of the suit property and he was..., respondent no.1-plaintiff has filed suit for possession of a residential house in question on the ground that there was a registered sale deed in her favour from one Tarlochan Singh. The said vendor...:- "67. On critically analyzing both the English and Indian cases, some basic principles emerge which ought to be taken into consideration while allowing or rejecting the...

...plaintiffs filed a petition for amendment of plaint and adding prayer that the sale deed executed in favour of the defendants on 08.07.1910 and 13.05.1943 be declared forged, fabricated, null and void, collusive and without consideration. The...and plaintiffs by way of amendment only sought relief for setting aside the sale deed dated 19.10.1942.5. On perusal of the order and considering the submissions, I find that the...defendants filed rejoinder stating that defendants filed WS in the year 1997 but the petitioners did not seek any relief for setting aside the sale deed. The...

...-Itwaro never executed sale deed dated 24.2.86 (Ex.P/1) in favour of defendants No.2 to 4 as said sale deed was got registered after playing fraud against her and without giving any consideration and decree of declaration declaring sale deed as null and void was...paying the amount of consideration to defendant No.1-Etwaro and answered issue No.3A against defendants No.2 to 4 and held that sale deed to be void and that finding has been affirmed by the First...questioned the said sale deed on the ground of having been purchased on the basis of fraud and non-payment of consideration. The plaintiffs further pleaded that the suit land was acquired by Topri stating...

...perused the case file. 10. Learned counsel for the appellant vehemently contended that the impugned sale deed was executed by defendant No.1 in favour of defendant No.2 without consideration and legal necessity and, therefore, the sale is null and void. The...plaintiff and defendant No.1 and the impugned sale has been effected without consideration and legal necessity. 6. Defendant No.1 broadly admitted the claim of the plaintiff...pleaded that defendant No.1 was in need of money to repay the debts and he sold a part of his property to defendant No.2 for sale consideration of Rs. 2,29,500/- which was actually paid. Out of it...

...ground that the defendants fraudulently obtained a sale-deed from the plaintiff without having paid the entire sale consideration. The sale deed was, therefore, liable to be declared null and void and...the plaintiffs, who being in possession over the land in question, were entitled to an injunction restraining the defendants from interfering in their possession on the basis of the null and void sale...the sale-deed executed by them and on the basis of what was recorded therein found that the entire sale consideration had been paid to the plaintiffs. In pursuance of the registered sale deed, the...

...Haryana High Court is that challenge to validity of sale deed which is null and void being without legal necessity and consideration required to pay ad valorem court fee as per sale deed consideration in...plaintiff-petitioner to pay the ad valorem court fee on the sale consideration of the two sale deeds namely No.420 dated 28.4.2000 and sale deed No. 395 dated 27.4.2000. Aggrieved by the order dated..., 1870 (for brevity, the Act) would be attracted and the plaintiff-petitioner is liable to pay ad valorem court fee on the value of the sale deed. The Civil Judge accepting the application...