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Shantilal Agarwal vs Smt. Ramabai And Ors. on 5 July, 1973

10. Reliance was also placed on Shantilal v. Ramabai, AIR 1974 Raj 69, wherein it was held that suit filed by the son challenging the validity of the will of his father on the grounds that the testator was not in a sound disposing mind at the time of executing the will, that it was got executed by undue influence fraud and coercion and that the property in dispute was ancestral and joint family property and the testator had no right to dispose it of by will. The suit was held to be one for declaration only and not for cancellation. Section 38 was held to be not applicable.
Rajasthan High Court - Jaipur Cites 9 - Cited by 5 - Full Document

Joseph Lazarus vs Isha Khan on 3 September, 1957

In Joseph v. Isha Khan, AIR 1958 Pat 108, it was held that a suit for a declaration that the sale-deed executed and registered in favour of the defendant by the plaintiff's mother with respect to the suit property is void ab initio having been got executed fraudulently, and, that the defendant has not acquired any right, title or interest to the said property by virtue of the sale, is not a pure declaratory suit requiring a fixed Court-fee under Article 17 (iii) of Schedule II of the Court-fees Act, but is a suit for declaration and consequential relief of avoiding the effect of the sale-deed in question in the garb of a mere declaratory suit and requires ad valorem Court-fee under Section 7 (iv) (c),
Patna High Court Cites 5 - Cited by 1 - Full Document
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