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1 - 10 of 16 (0.20 seconds)The Limitation Act, 1963
Section 27 in The Specific Relief Act, 1963 [Entire Act]
Article 65 in Constitution of India [Constitution]
The Co-Operative Societies Act, 1912
Shyam Kumar Gujrati vs Board Of Revenue . on 13 February, 2015
Therefore, the
finding of the trial Court that the cancellation of sale deed
was legally valid cannot be upheld in view of the statutory
provision and the principles reiterated by this Court in
W.P.No.1084 of 1999 (Shyam Kumar Gujrati Vs. Board of
Revenue). In the result, it is held that the cancellation of
sale deed by virtue of unilateral cancellation deed cannot be
given effect to as it was done without filing a suit for
cancellation of an instrument as provided u/s 31 read with
section 27 of the Specific Relief Act. Consequently, the
cancellation deed executed by the Society will have no effect
at all. Since the cancellation was not done by the decree of
Civil Court, therefore, the cancellation cannot be held to be
legal and would be nonest in the eyes of law.