year 1994 itself, the petitioner had signed a registered
Declaration Deed wherein he had given up all claims qua the share of his
father ... deceased on the Codicil were forged yet in the registered
declaration deed he had set up the case that the signatures of the deceased
seek cancellation of the deed but if a
non-executant seeks annulment of a deed, he has to seek a declaration
that the deed ... suit for declaration of title and recovery of possession of plaint
schedule properties. He also sought a declaration that a sale deed
executed
plaintiff for a declaration that the plaintiff
is an owner without seeking any declaration for cancellation of
sale deed is not maintainable at all. Despite ... sale deed, the
suit itself is not maintainable. The suit is not maintainable so long
as the sale deed stands, no relief of declaration
next reversioners have brought the present suit for a declaration that two sale-deeds of October 13, 1915, and April 5, 1922, are void ... already mentioned.
35. P. C. Order set aside. Declaration re first deed refused. Declaration re second deed granted. Appoint receiver and manager as between plaintiffs
basis of partition deed is time
barred. The suit was not based on partition deed, but it was
specifically for declaration that the alleged deed ... person by the said sale deed. The suit was not
based on the partition deed, but it was for declaration of
the alleged deed
same was confirmed on
06.05.1999 vide "Deed of
Declaration-cum-Confirmation".
(ii) Ground Floor Sale Deed dated 24th day of August ... same was confirmed on 6th day
of May 1999 vide "Deed of
Declaration-cum-Confirmation".
(v) Furniture & Agreement for sale
mischief, he executed registered deed of
cancellation of the gift deed dated 15.12.1989 and by the registered
gift deed no.463/92 dated ... holding that the
suit for cancellation of the gift deed and for declaration that the gift
deed executed six years back was obtained by committing
this suit is for the relief of
declaration of possession and declaration of Ex.P.4 gift deed
dated 12.12.2005 is void abinitio ... here plaintiff has not sought
for declaration of title. He has sought for declaration of the gift
deed as null and void and when there
seek cancellation of the deed. But if a nonexecutant seeks
annulment of a deed, he has to seek a declaration that the deed ... cancellation of the deed, but
where the plaintiff is non executant and seeks annulment of the deed,
he has to seek declaration that the deed
could not be asked for without first asking for a
declaration that the lease deed stood renewed on mere exercise of option
without the execution ... declaration that the plaintiffs are absolute owners of the suit lands could
not have been claimed without seeking a declaration that the registered
sale deed