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Showing contexts for: voidable document in S.Sarangapani vs M.Arivukodi on 9 February, 2011Matching Fragments
(e) The suit was also bad for want of a prayer for declaration of Sale Deed as void, as in respect of voidable document there should be a prayer for declaring the document as void.
Accordingly, the learned counsel for the respondent/defendant would pray for dismissal of the second appeal.
11. At the outset itself I would like to fumigate my mind with the following decisions of the Honourable Apex Court:
(i) (2011) 1 SCC 673 [Vijay Kumar Talwar v. Commissioner of Income Tax, Delhi], certain excerpts from it would run thus:
41. The learned counsel for the plaintiff would submit that the defendant is a near relative of the plaintiff and his father and hence, Section 41 of the Transfer of Property Act cannot be pressed into service by the defendant.
42. I would like to point out that Section 41 of the Transfer of Property Act need not be cited in this case for the reason that there is no prayer on the part of the plaintiff seeking Ex.A8 as a voidable document.
43. In this connection, the learned counsel for the plaintiff would cite the following decisions:
45. Over and above that, I would like to point out that if a document of title stood in the name of a person and if he executed a sale deed in favour of a 3rd party, then in a case where the plaintiff-being not a party to that document, but claims ownership on the ground that the ostensible owner was a name lender, then necessarily the law enjoins the plaintiff to seek for the relief of declaration that such sale was void. If the plaintiff happens to be the party to the document, necessarily, he should pray for cancellation of such document on the ground of fraud etc. But, on the other hand, if the plaintiff approaches the Court with the particular set of facts that the apparent voidable transaction is void, then there should be a prayer to declare that the voidable transaction was void. In other words, the voidity involved in that voidable document should be got declared by making a prayer in the suit before the Court.