Specific Relief Act, 1963, Section 34, 37, 31 -- Suit for declaration of title and injunction - Relief for cancellation of sale deed alleged to have been obtained by fraud and coercion not sought - Suit for declaration is more exhaustive to determine the title or validity of transaction - When relief of declaration of title is granted, it is in substance ignoring or..........
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation - A document is not invalidated for the mere fact that consideration was not paid before the Sub Registrar...........
Court Fees Act, 1870, Section 7(4) -- Suit for declaration that sale deed is void - Suit filed on the allegations that the same is the result of fraud and misrepresentation - Held, it is a suit seeking relief of cancellation of sale deed - Thus ad valorem court fee is payable on the consideration of the sale deed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Cancellation of sale deed - Suit for - In the objection, opposite party No.1 by way of amendment introduced total new story - She did not file any application to amend her original plaint which indicates that sale transaction had taken place and due to non payment of consideration amount suit was filed..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Sale deed - Challenged as null and void - Plaintiff when not a party to the sale deed and also not seeking possession, is not required to pay ad-valorem court fee but where the plaintiff is seeking cancellation of sale deed along with consequential relief of possession, he is required to pay ad-valorem court fee...........
Transfer of Property Act, 1882, Section 55 -- Sale deed - Cancellation - By execution of sale deed, seller conveys the ownership of property to purchaser - Seller cannot unilaterally cancel the conveyance or sale...........
Plot -- Allotment - Sale deed executed and registered - Cancellation - Once a document is registered the remedy is to seek cancellation by filing a suit for cancellation or by filing a suit for appropriate declaration - Only exception is a case where fraud is alleged in the registration of a document by a person, who is not competent to transfer the property - However,..........
Registration Act, 1908, Section 17,32, 34A -- Appellant purchased plot vide registered sale deed - Appellant put into possession of said plot - Subsequently vendor unilaterally cancelled sale deed executing cancellation deed and same was registered without notice to appellant - Held, it is only when sale deed is cancelled by a competent court that cancellation deed can be..........
Criminal Procedure Code, 1973, Section 245 -- Discharge of accused - Accused even after having received 80% of consideration amount refused to execute the regular sale deed in favour of complainant - Dispute purely of civil nature - Magistrate assigned convincing reasons in support of his conclusion for acceptance of final report and thereby discharging accused - Before..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Cancellation of a deed or a declaration that deed is invalid, non est, illegal or not binding - If the executant wants to avoid the deed he has to sue for cancellation of the deed and has to pay ad-valorem court fee on the consideration stated in the deed - If non executant wants to avoid it, and he is in possession, he..........
