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
vitiated by exercise of undue influence, still the document is only voidable
and not void ab initio and therefore, the plaintiff must have the document ... agreement being only a voidable document at the option of the plaintiff,
in such view of the matter, the plaintiff should have taken steps
holder or the person who is
in occupation of the property. The documents filed by the defendants clearly
indicate that he has paid the sale ... whom the written instrument is void or voidable, he has to seek declaration to
avoid such document or cancel the document
said documents, the learned senior counsel
adverted to Section 19 of the Indian Contract Act 1872 (the Contract Act ),
which deals with voidable contracts ... rescind the contract on
the ground that it is voidable. The next document that he referred to was
the O&M Agreement. By referring
refused the same. Non-availability of time and the
length of the document would not constitute fraud or
misrepresentation. Fraud has to be pleaded ... admitted the execution, but pleaded undue influence and
misrepresentation, the document is only voidable, which has to be set
aside in a manner known
playing fraud. Be it as it may.
The documents can only be termed as voidable one and it
at all the first respondent / first defendant
such transfer is not void but only a voidable. In that situation also
to avoid documents initiation of action is required on the part
such transfer is not void but only a voidable. In that situation also
to avoid documents initiation of action is required on the part
defendant were represented by their father as natural guardian, the
sale is voidable and it has to be challenged by the minors within a period ... document; that under Ex.B35 no valid title as against
Unnamulaiammal had been derived by Arunachala Thevar and
that hence, the said document
said
transaction is only a voidable at the instance of the minor. In the
case of voidable transaction, that should be challenged within three
years ... from the date of execution of the said document or from the
date of attaining majority by the minors. In this case, though the
defendants
