deed. But if a nonexecutant seeks
annulment of a deed, he has to seek a
declaration that the deed is invalid ... cancellation of
sale deed dated 09.11.1998 (Ex.D8) and the case of
the plaintiff is that sale deed is voidabinitio,
therefore
civil court. Any declaration by way of the cancellation deed that the sale deed is void, is not permitted under law. Furthermore, if the cancellation ... deed is not supported by any consideration, such cancellation deed will be void ab initio.Therefore the execution of the cancellation deed by the respondent
suit for cancellation of a sale deed or for declaration that the sale deed is void, the same is inherent and evident from the various ... sustained firstly as even the suit for declaring the sale deed as void was imperfectly constituted in the absence of the executant of the document
alleged sale deed dated 10/02/1977
of defendant No. 1 and subsequent sale deeds of the
defendants are illegal, null and void ... before the execution of the sale deed dated
10/02/1977, the sale deed is null and void.
27. Mr. Mantri submitted that since
party to the sale deed and when he seeks only a declaration that the impugned sale deed is null and void, it is subject ... party to the sale deed and therefore he is seeking only declaration that the said sale deed is null and void. As far as rejection
years of the adoption and deed of adoption for declaration that the adoption deed is null and void and for permanent injunction. The first appellant ... recorded by Ex.A15 adoption deed. According to the respondents, the said adoption deed is void and there is not necessity for them
behalf
of builder under the purported sale deed; besides the
said sale deed is also void ab-initio for want of
consideration; admittedly no consideration ... available for transfer through sale deed.
Hence, the sale deed dated 12.8.2005 is null and void
for want of subject matter physically.
57. The developer
plaintiff now
wants the cancellation of sale deed.
(a) The execution of sale deed is not only void but is also in violation ... sale deed, the terms and conditions of the agreement to sell has been violated
and therefore, the sale deed is not only void
writ
petition was for declaring the Extinguishment Deed as well as the
subsequent sale deeds as void ab initio with a further direction ... soundness of registration of Extinguishment
Deed or the sale deeds and declare them as null and void.
7. I have heard Mr. Satya Pal Anand
fraud, illegal, void
and ignore the Sale Deed. He challenged the Sale Deed as void on three
specific grounds ... incuriam ?
(iii) Whether the Sale Deed dated
11.01.1996 is void or not in view of Act II of 1996 ?
(iv) Whether the plaintiffs waived their
