Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for declaration that sale deed is null and void and has no binding effect upon rights of plaintiff - It does not amount to cancellation of sale deed - Moreover plaintiff not party to sale deed - Plaintiffs cannot be directed to pay ad valorem Court fee...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of original sale deed - Suit for cancellation of registered sale deed - Plaintiff is under an obligation to file original document, in case he wants to rely on such document in further proceedings of suit - If plaintiff does not file original document, then latter portion of said Rule shall come into operation...........
Court Fees Act, 1870, Section 7(iv)(A)(As -- Court fee - Suit for declaration that sale deed is null and void - Where suit is for or involving cancellation or adjudging/declaring null and void decree for money or an instrument, S.7(iv)(A) of Act is applicable and not Art.17(iii) of Court Fees Act, as said Article is applicable only when there is no provision elsewhere in..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation - Unregistered agreement to sell - Plaintiff pleaded his rights on the basis of an unregistered agreement and had utterly failed to prove the same - Lower Courts concurrently gave finding that plaintiff could not prove grounds for cancellation of sale deed mentioned in plaint - No interference warranted..........
Limitation Act, 1963, Article 109 -- Limitation - Suit for cancellation of sale deed - Sale deed executed by father being a co-parcener in favour of defendants without legal necessity - Parties are co-parceners governed by Mitakshara law - Suit is covered u/art 109 of the Act - Suit filed after one and half years of acquiring knowledge about sale deed, is within period of..........
Hindu Law -- Ancestral property - Alienation by father - Suit for cancellation of sale deed and for possession - Court cancelled sale deed with regard to half share and decree for possession granted in favour of plaintiffs - Defendants subsequently purchased the land in question from other co-sharer - Only manner in which an outsider can get possession is to sue for..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff to throw cloud on the..........
Registration Act, 1908, Section 17 -- Registration - Once document/sale deed is registered, in common parlance it creates title and no one can interfere in possession and enjoyment by way of registered document - There is no provision for cancellation of such sale deeds in Registration Act except to get it set aside through competent Court of law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought to incorporate additional prayer regarding cancellation of alleged sale deed - Additional prayer is dependent upon main prayer of declaration of title - Amendment rightly allowed though filed belatedly - However, if additional prayer is..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Cancellation of registered sale deed - Can only be done by a registered document as unregistered document has no legal value...........
