Specific Relief Act, 1963, Section 31 -- Cancellation of document - If any right is transferred vide a written document, revocation of such document also has to be in writing and such revocation/cancellation ought to be brought to the notice of the party in whose favour right was sought to be transferred...........
Specific Relief Act, 1963, Section 31 -- Cancellation of settlement deed - Once settlement deed is executed, there cannot be any unilateral cancellation of same especially on the ground that it has not come into effect...........
Specific Relief Act, 1963, Section 31 -- Cancellation of settlement deed - Unilateral cancellation of settlement deed by way of a revocation deed would not be permissible - Registration of such a document is equally impermissible...........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Where sale has been completed and title of property has been transferred in favour of transferee, even if full sale consideration has not been paid by transferee to transferor, sale deed cannot be cancelled by Court - In such a situation, transferor can file a suit for recovery of balance sale..........
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...........
