declaration of Sale Deed as void, as in respect of voidable document there should be a prayer for declaring the document as void.
Accordingly ... prayer to declare that the voidable transaction was void. In other words, the voidity involved in that voidable document should be got declared by making
enables any person who is affected by any void or voidable document to sue for its cancellation. The provision clearly lays down that any registered ... Court only by a person who executed document and who perceives that such document is void or voidable. In the other case, even
There is a presumption that a registered document is validly executed. A registered document, therefore, prima facie would be valid in law. The onus ... would be a nullity. It refers to both void and voidable document. It provides for a discretionary relief."
30. This Court has carefully gone
view that even if the document is vitiated by undue influence, still the said document is only voidable and not void ab initio and that ... father of the appellant/plaintiff in his favour is only a voidable document and not void ab initio. In support of his arguments
been arisen as to whether the first defendant having obtained a document much less a sale deed in respect of the suit property ... Specific Relief Act, 1963 thus, refers to both void and voidable documents. It provides for a discretionary relief.
16. When a document is valid
contention of the plaintiff that the release deed is a void document and therefore she need not seek such a prayer, cannot be countenanced ... contends subsequently that the document is bad for fraud etc., then the document is certainly to be treated as a voidable document and its voidability
appellant, it is an act of collusion and creation of documents by the husband and one Narayana Venu Prasad, a person whose marriage proposal ... with voidable marriage wherein the consent of a party was obtained by fraud on suppression of material fact and thereby rendering the marriage voidable
registered one, the presumption arising thereof is rebutted by way of documents as well as oral evidence. The learned counsel would submit that the loan ... hold that Ex.A.1 is not a genuine document and it is voidable because it suffers from the vices of undue influence as well
suit is filed for declaration that a document is fraudulent and/or forged and fabricated, it is voidable as the apparent state of affairs ... document cannot be taken away without setting aside the same, it cannot be treated to be void but would be obviously voidable."
14. Therefore
respondent had induced to come along with him and sign some documents and she denies the performance of the marriage.
48. On the other hand ... suppressing certain material facts, the marriage would have come under voidable marriage under Sec.12(1) ) of Hind Marriage Act 1955. However, the very factum
