amount nor did take any steps for declaration of the sale deed void and thus the defendants had obtained the sale deed in a fraudulent ... situation suit is filed by the vendor for declaration of a deed void, is to be thrown out in limine under Order VII. Rule
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
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
Sale Deed, the
defendant who is a stranger to the Sale Deed can raise a plea
that the Sale Deed was void, fictitious, collusive ... stranger to the Sale Deed, to raise a plea that the Sale Deed was
void, fictitious, collusive or not intended to be acted upon
owner of his share in the
suit properties as the sale deeds are void and sham. He urged that it
was not necessary to amend ... made out in the plaints as
originally filed that the sale deeds are void as the same are without
consideration. It is pleaded that
voidity of the sale-deed or its binding nature was raised nor a finding recorded that the sale-deed is void under ... unilateral cancellation of a sale deed by the vendor if he finds that the sale deed is a void one.
26. At this juncture
void, whereafter, in the relief clause
besides seeking declaration regarding sale deed being void,
possession of the land in question has also been sought ... defendants executed another sale deed in favour of defendants
no.5 and 6 and, therefore, the sale deed was void.
Sale of property is dealt
suits to have adjudged void or voidable any written instrument which is void or voidable. It refers not merely to void instruments but also ... adjudged void or voidable, any written instrument which is void or voidable, therefore, it a suit is to have the written instrument adjudged void
sale
deed No.126/09 and sale transaction was without
consideration and without possession which pertains to be
declared as "Null and Void ... prayed to declare the said
registered sale deed No. 126/09 as illegal, null and void,
and to declare that the plaintiffs
presentation of
cancellation deeds of previously registered deed of conveyance on sale, the
registering Officer shall ensure that such cancellation deeds are executed ... cancellation deeds by executant and claimant parties to the previously registered
deeds of conveyances on sale before him if the cancellation deed is executed
