Section 39 in The Specific Relief Act, 1977 (1920 A.D.)
39. When cancellation may be ordered.
- Any person against whom a written instrument is void or voidable, who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the Court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.If the instrument has been registered under the Registration Act, the Court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.(a)A, the owner of a ship, by fraudulently representing her to be sea-worthy, induces B, an under writer, to insure her. B may obtain the cancellation of the policy.(b)A conveys land to B, who bequeaths it to C and dies. Thereupon D gets possession of the land and produces a forged instrument stating that conveyance was made to B in trust for him. C may obtain the cancellation of the forged instrument.(c)A, representing that the tenants on his land were all at will, sells it to B, and conveys it to him by an instruments, dated the 1st January, 1877. Soon after that day, A fraudulently grants to C a lease of part of the land, dated the 1st October, 1876 and produces the lease to be registered under the Registration Act. B may obtain the cancellation of this lease.(d)A agrees to sell and deliver a ship to B, to be paid for the B's acceptances of four bills of exchange, for sums amounting to Rs. 30,000, to be drawn by A on B. The bills are drawn and accepted, but the ship is not delivered according to the agreement. A sues B on one of the bills. B may obtain the cancellation of all the bills.
