transactions which become void on account of supervening circumstances. It has no application in respect of transactions which are void ab initio as in this ... ab initio void as had happened to Ex. B-l."
24. It is next contended that if Ex.A-1 is void ab initio
redemption is void. In my opinion, when the learned Judge referred to such a clog as "'void ab initio" this ... ab initio null and void and non est" was not with a view to differentiate between "void ab initio" and "voidable
transactions which become void on account of supervening circumstances. It has no application in respect of transactions which are void ab initio as in this ... ab initio void as had happened to Ex.B-1.
23. It is next contended that if Ex.A-1 is void ab initio
suit and all
the proceedings initiated by the defendants were declared ab initio
void and at the same time, the defendants were restrained from
interfering ... suit and all the proceedings initiated
by the defendants were declared ab initio void and at the same
time, the defendants were restrained from interfering
suit and all
the proceedings initiated by the defendants were declared ab initio
void and at the same time, the defendants were restrained from
interfering ... suit and all the proceedings initiated
by the defendants were declared ab initio void and at the same
time, the defendants were restrained from interfering
suit and all
the proceedings initiated by the defendants were declared ab initio
void and at the same time, the defendants were restrained from
interfering ... suit and all the proceedings initiated
by the defendants were declared ab initio void and at the same
time, the defendants were restrained from interfering
plea of possession is consequential upon
the relief of cancellation/void ab initio as the case may be. The Plaintiff
cannot seek possession ... Plaintiff fails to seek
cancellation/declaration that the Conveyance Deeds are void ab initio.
Thus, if the primary relief/main cause of action in respect
matter and that therefore the sale held subsequently is ab initio void.
6. There is yet another contravention of the provisions ... sale on the ground of illegality. If the sale is ab initio void (and not merely voidable) there is no need for having the sale
take possession of the
said land. Since the acquisition proceedings were void ab
initio and since the Land Acquisition Collector had no right ... were very much maintainable as the entire
proceedings of acquisition were void ab initio being
purportedly based upon Section 4 notification of LAC dated
Bombay, and the structures thereon is liable to be treated as void ab initio or is liable to be annulled by the company court under ... transaction dated February 18, 1987, is liable to be treated as void ab initio and that the leasehold plot No. 10 referred to hereinabove along
