Specific Relief Act, 1963, Section 31 -- Cancellation of document - Non-executant of a document is not required to seek its annulment in terms of S.31 of the Act...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Non-executant, one who is not a party to document, cannot seek its cancellation but may instead pray for a declaration that such an instrument is null, void, or not binding upon him...........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Sale of minor's property by father - Sale was for necessity - It was to discharge existing loans of family - One of witnesses to document was mother of plaintiffs - Antecedent debts existed which had been proved by recitals in sale deed - Since plaintiffs were under care and protection of their parents,..........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Once a sale deed is adjudged to be void or voidable or is cancelled by civil Court, no further reliefs would be required to be claimed and necessary consequences from such adjudication/cancellation would ensue...........
Specific Relief Act, 1963, Section 31 -- Suit for cancellation of sale deed - Without claiming relief of possession - Non-suiting plaintiff on the ground that relief of possession was not claimed, though it was neither factual nor a legal necessity, would be wholly unjust and unfair to a plaintiff who succeeded to establish title in his favour arising out of cancellation..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Where executant of a deed wants it to be annulled, he has to seek cancellation of deed u/s 31 of the Act - But if a non-executant seeks annulment of a deed, he has to only seek a declaration that deed is invalid or non est or illegal or that it is not binding on him...........
Specific Relief Act, 1963, Section 34, 31 -- Suit for declaration of title - Without seeking relief of cancellation of sale deed - Plaintiff not being executant of sale deed was not obligated to sue for its cancellation u/s 31 of the Act, as such an instrument would neither be likely to affect the title of plaintiff nor be binding on him - Suit is maintainable...........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Power of Attorney Act, 1882, Section 2 -- Sale deed - Execution of sale deed by power of attorney holder - Cancellation of power of attorney subsequent thereto - Cancellation does not affect the prior sale deed executed more so when there is no contention that attorney was not conferred with..........
Specific Relief Act, 1963, Section 31 -- Void instrument - A person `may' seek declaration that a instrument is void, which is not imperative in every case, more particularly when that person is not a party to such an instrument...........
Specific Relief Act, 1963, Section 31 -- Cancellation of settlement deed - Unilateral cancellation of settlement deed is not permissible being without any right - Only course open to seek for relief of cancellation is through Court - Execution of sale deed by cancelling said settlement deed also does not convey any title...........
