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
deed. But if a
non-executant seeks annulment of a deed, he has to
seek a declaration that the deed is invalid ... deed, wants to avoid it,
he has to sue for a declaration that the deed executed by
`A' is invalid/void
deed during his lifetime and ultimately, after
his death, his brother original plaintiff Sonsai filed suit for declaring
the sale deed null and void ... deed dated 29-10-1975 (Ex.D-1) is only
voidable, is set aside and the sale deed executed is held to be void
deed. But
if a non-executant seeks annulment of a deed, he has
to seek a declaration that the deed is invalid ... deed, seeks cancellation of
the deed, he has to pay ad-voloram court-fee on the
consideration stated in the sale deed
that has not been
repudiated, the question of voidable sale deed becoming void does
not arise. Their Lordships of the Supreme Court in Murugan
(supra ... having been no repudiation of sale deed on behalf of
minor, the question of voidable sale deed becoming void
does not arise
passed by the first appellate Court
holding that the gift deed is illegal and void document, is
perverse and contrary to record. Though ... said gift
deed was never executed by Gayatri Bai in favour of the appellant /
defendant No.2, therefore, the gift deed is void ab initio
respectively, and as such, the
3
sale deeds are null and void and not binding on the plaintiff, who is
son of Sukariya ... deeds
executed. No other witness either of the sale deeds was got
examined by the plaintiff and even the scribe of the said sale deeds
which is neither perverse nor
contrary to record and sale deeds are not void by
virtue of Section 23 of the Indian Contract ... voidity of the saledeed or
its binding nature was raised nor a finding
recorded that the sale deed is void under
Section
whereby a finding has been recorded that the
sale deed of the appellants is void, is justified in view of
the fact that validity ... said sale deed is
questioned, the plaintiff cannot succeed and the first appellate Court is
unjustified in annulling his sale deed as void
cancellation of sale deed or at least declaration of sale deed Ex.P-4
dated 27-8-1973 as null and void, the suit would ... sale deed Ex.P-4 and the plaintiff did not seek the relief
of either declaring the sale deed as null & void nor prayed
