Seervai has submitted that where a document is void
ab initio (and not voidable), arguments as to prior knowledge or
waiver or election are irrelevant
enabled to buy the estate at an under-value. The contract is
voidable at the option of A.
(e) A is entitled to succeed ... sell him his interest in the estate. The sale is voidable at the
option of A.
19A. Power to set aside contract induced by undue
option of the other or
others, is a voidable contract;
xxx
10. What agreements are contracts.- All agreements are
contracts if they are made ... presence of witnesses, or any law relating to
the registration of documents.
xxx
17.'Fraud' defined.- 'Fraud' means and includes
appellant to
execute the sale deed by procuring the necessary documents in this
regard, we need to read the agreement to sell as a whole ... contract prevents the other from
performing his promise, the contract becomes voidable at the option of
the parties so prevented. Section 54 of the Contract
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