learned courts were justified in holding
that the gift deeds and relinquishment deeds were
void ab initio?
(iv) Whether the challenged to gift deeds ... relinquishment deed and after considering the requirement of
a valid gift deed held gift deeds [Ext. 3(A) to 3(D)] as void
ab-initio
authority to execute Sale
Deed on behalf of his minor son Palanivel and
the Sale Deeds executed by Balaraman were
void. The plaintiffs being sons ... having been no repudiation of sale
deed on behalf of minor, the question of voidable
sale deed becoming void does not arise
well established by several decisions that if the sale-deed is void and a declaration of right is claimed.the suit is triable ... Specific Relief Act, 1963, a suit for cancellation of sale-deed, void or voidable, is a suit of civil nature and can be filed before
deed. But if a non-executant seeks
annulment of a deed, he has to seek a declaration that the deed is
invalid ... said Deed did not arise at all and simply
the suit for declaration that the disputed deed was a nullity or void and
not binding
claiming that he was entitled to declaration that the said sale deed was void and consequently to the possession of the suit property also ... next question which needs consideration is whether when the sale deed is void, we should exercise our discretion to grant relief of possession
sale deeds on 12.05.1989 in favour of defendant
Nos.2 to 11 and, therefore, the sale deeds are illegal, null and void.
5. On being ... sale deeds executed by Jagrano Kunwar, appellant No.1, in
favour of other appellants, i.e., 21 sale deeds are void sale deeds and
whether
that this was not a suit for
declaration that two Sale Deeds are void, because, such declaration was
not at all necessary for the purpose ... case, there is no relief seeking declaration that the
two Sale Deeds are void. The question which therefore arises is whether
the suit, in substance
concocted sale deed
alleged to have been executed on 14.06.1973. The alleged sale
deed dated 14.6.73 is total fraudulent, illegal and void and
cannot defeat ... deed to which he has been a party, then quite clearly
he must get that decree or deed cancelled or declared void
‘in toto
requirement of seeking cancellation of the sale deed as such sale
deed is already null and void. This aspect has been dealt ... having not been paid in terms of the sale deeds
itself, the sale deeds were void.
19. Further arguments of the respondent.
22
2026: JHHC
defendant to prove the sale deed executed in 2000. Consequently, the sale deed could not have been declared void by the learned trial court. Learned ... sale deeds as the same, the findings of the court below declaring the sale deed dated 23.09.2000 as void are perverse. A decree for injunction
