cancellation of the sale deeds. On the allegations made in the plaint, the sale deeds are void as such revenue court court or consolidation authorities ... deed.
14. The present suits are filed for cancellation of sale deeds dated 05.01.1961 and 12.06.1972, executed by Smt. Phoolan Dullaiya and subsequent sale deeds
deed. But if a non-
executant seeks annulment of a deed,
he has to seek a declaration that the
deed is invalid ... where the executant of
Sale Deeds filed a suit for declaration that the sale
deeds executed as null and void and for permanent
injunction. Under
deed wants it to be annulled, he has to seek cancellation of
the deed. However, if the deed is void ab initio, then suit simpliciter ... sale deed annulled on the ground
of fraud and misrepresentation and sale deed shall not be void. However, if
sale deed contains the recital
Consolidation Authorities had the right to hold that the
sale deed was void ab initio, the consequence of which is that
the Consolidation Authorities ... executants of the sale deed had sold in excess of his
share and thus, the sale deed was itself void. The Supreme
Court while considering
deed but if a
non-executant seeks annulment of a deed, he has to seek a declaration
that the deed is invalid ... applied to the present case.
IF A SALE DEED/CONVEYANCE/DEED IS NULL AND VOID,
SPECIFIC PRAYER TO SET IT ASIDE IS UNNECESSARY
favour of vendor of
the basis of the sale deed appellant) is void.
executed by the vendor of the
appellant, is legal and valid ... voidable and therefore Rajmal's contention that the sale deed is void-ab-initio cannot be accepted. It is pointed out that what
deed.
But if a non-executant seeks annulment of a deed,
he has to seek a declaration that the deed is invalid ... deed has sought declaration that
the transfer deed dated February 23, 2011 in favour of
the defendant- respondents is null and void. Since the
plaintiff
also been filed to
declare the partition deed dated 26.08.2013 as null and void.
57. Though Thandamizh Kumaran has filed ... chosen to seek the relief of
declaring the release deed as null and void. That apart the suit has
not been valued properly
came to hold
that the said sale deed is void ab initio.
7
15. A Division Bench of this Court in 2002 ( 2) MPLJ ... deed was executed in violation of the provisions of Section 165(7-b) of the
MP Land Revenue Code, therefore, the sale deed is void
mentioned in the sale deed, whereas in case a
suit for declaration that the sale deed is null and void or for any
other reason ... deed. But if a non-
executant seeks annulment of a deed, he has to seek a
declaration that the deed is invalid
