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
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
documents stand as void,
it stands void ab initio. So, no question of
avoiding of such deed arises. But in the case of
cancellation ... further declaration
that the subsequent sale deed executed by the donee
under that gift deed is void. In addition to these
declarations, the plaintiffs have
make it clear that the suits are for adjudging the sale deed void or voidable. It is true that the relief claimed in suit ... much consequence in deciding whether a suit is for adjudging a deed void or voidable or involves such adjudging. In suit
learned counsel
appearing for the plaintiff has contended that the
Sale Deed is void in law and hence, liable ... that
due to unstable mental status of defendant No.1 Sale
Deed is void cannot be accepted and liable to be
rejected.
27. Contention regarding
deed executed in 2012, is an afterthought.
b. Irrevocability: She argues that a registered Sale Deed
cannot be cancelled or declared void merely ... proved that the Sale Deed (Ex. P-3)
was executed without any consideration. A sale deed without
consideration is void ab initio.
47. In view
held by the High Court as follows:
i) The sale deeds being void, having been hit by lis pendens, the
plaintiffs were not obliged ... Section 52 of the ToP Act would render the sale
deeds void ab initio. On the other hand, the appellants have relied on
Section
void as both stands on different
footing.
14.0 So, the issue would arise as to whether such void
contract/agreement (sale deed in question ... voidity of the sale deed or its binding nature
was raised nor a finding recorded that the sale deed is void
under Section
deed was
cancelled as the sale deed obtained by the plaintiff is nothing but a deed
obtained by misrepresentation. As such, the said sale deed ... sale deeds or registration of such cancellation
deeds unless all the parties to the sale deed are also parties to the
cancellation deed
deed was
cancelled as the sale deed obtained by the plaintiff is nothing but a deed
obtained by misrepresentation. As such, the said sale deed ... sale deeds or registration of such cancellation
deeds unless all the parties to the sale deed are also parties to the
cancellation deed
