this Court observed as under:-
"7. So far as voidable documents like those obtained by practising coercion, fraud, misrepresentation, undue influence etc., are concerned ... facts averred. Void documents necessarily do not require cancellation like voidable documents. A simple suit for cancellation of a document or instrument if the same
said to be a void document and it is merely a voidable document.
Counsel for the respondent further contends that since the sale-deed ... voidable at the instance of minors or any person claimed under him and therefore, the sale-deed dated 10.7.1970 is voidable document and even
report, has drawn distinction between void and voidable documents as follows:-
"7. So far as voidable documents like those obtained by practising coercion, fraud ... facts averred. Void documents necessarily do not require cancellation like voidable documents. A simple suit for cancellation of a document or instrument if the same
extent that registered sale documents
are to be preferred over unregistered documents and registered
documents would score over others. It was further mandated
that there ... seek cancellation of a document which is void, but
he is required to seek cancellation of the document which is
voidable. When a document
minor or any person claiming
under him. A document which is voidable has to be
actually set aside before taking its legal effect.
This Court ... others , (1973) 2 SCC 535, while making
distinction between void and voidable document held:
“5………We think that a distinction can be made
between cases
Specific Relief Act, 1963 refers to both void and voidable
documents; (ii) it provides for a discretionary relief; (iii) when a document is
valid ... void document
is not required to be avoided whereas a voidable document must be.
Reliance was placed on Prem Singh supra. Again, in The Rajasthan
Court but by making the
said sale deed as ''voidable document'' the statute has given a power to
the minor ... genuineness of the
8
document. Therefore, this Court is of the view that where a document is
''voidable'' because the same
Section 8(1) or 8(2) is voidable. It is well settled that a voidable transaction is binding until its repudiation ... notice. The question that arises is as to whether a voidable document which mentions payment of sale consideration
earlier suit.
However, if the settlement deed is a voidable document, then it would have to
be challenged ... then the settlement would be a void document and not a
voidable document, thereby, rendering it not required to be challenged
2019
10 lpa33.98
on the basis of such unregistered document, the
plaintiff cannot prove that on the date of impugned
sale transaction ... suit land, but at the most it would be a voidable
document so far as right of the cooperative society
::: Uploaded on - 24/01/2019
