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42. We thus find substance in the contention of learned counsel for the transferees that the plaintiff has therefore, ratified the sale of the different portions to them and that the challenge by way of the suit against these transferees is completely without any cause of action for this reason as well.

43. Mr. Vivek Singh, learned counsel appearing for the respondent nos.1 to 3 (defendant nos.1 to 4) has taken yet another legal objection that Harish Relan was an executant of the Relinquishment Deed dated 18th November, 1999 and the Rectification Deed dated 30th March, 2000. If aggrieved thereby, he was therefore, legally required to seek cancellation of these registered instruments. Instead, the plaintiff has incorporated a prayer for preliminary decree of declaration simplicitor which is not maintainable. In support of this submission, learned counsel has placed reliance on the judicial pronouncement reported at (2010) 12 SCC 112, Suhrid Singh @ Sardool Singh v. Randhir Singh & Ors. wherein in paras 7 and 8, the Supreme Court held thus :

10. In the instant case, the plaintiff is admittedly seeking a declaration in respect of the relinquishment deed dated 18th November, 1999 as well as the rectification deed dated 30th March, 2000 which have been admitted executed by him. The suit which has been filed has been couched as a suit simplicitor for declaration which, given the provisions of Section 34 and the principles laid down by the Supreme Court in Suhrid Singh @ Sardool Singh is not maintainable.

11. Mr. Sameer Nandwani, learned counsel for the appellant submits that there is merit in the objection of the respondents to the effect that the prayer for declaration simplicitor made in prayer „b‟of the plaint is barred by Section 34 of the Specific Relief Act, 1963.

(Emphasis supplied)

45. In view of the statutory provisions and the law laid down by the Supreme Court, it is therefore, legally well settled that a non-executant of an instrument may seek a declaration simplicitor. However, an executant of an instrument has to seek cancellation thereof. The plaintiff has failed to seek the prayer in the present case.