Specific Relief Act, 1963, Section 31 -- Cancellation of document - Property in co-ownership sold out by defendant to the extent to his share - Simply for the reason that sale deed in question does not mention the right of plaintiff, it will not become void or voidable at the option of plaintiff - Moreover, there is no recital in said sale deed negating right of appellant..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale deed - Cancellation - Plaint drafted to look as if relief of declaration is claimed whereas in fact relief claimed for cancellation of decree and sale deed - In the absence of cancellation of decree and sale deed the relief claimed for possession by way of partition cannot be granted - Plaintiff liable to pay ad valorem court..........
Specific Relief Act, 1963, Section 15, 22, 31 -- Agreement to sell - Specific performance - Agreement dated 5.12.1980 executed between parties - Another agreement dated 20.12.1981 executed between deceased/appellant No.1 with landowners - Held, that rights of appellants to seek specific performance of agreement u/s 15 of the Act flowing from agreement dated 5.12.1980 was..........
Hindu Law -- Partition suit by son - Coparcenary property - Alienation by father - Alienation for payment of antecedent debt not incurred for immoral or illegal purpose but incurred for family necessity - Suit filed maintainable without a prayer for cancellation of sale deed - Son entitled to question the validity and binding nature of sale deed without such a prayer -..........
