Nand Kishore Garg vs Jitender Singh Tomar & Ors on 17 January, 2020
Equivalent citations
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
character of the document and the contents of the document was considered
unsatisfactory inasmuch as the 'character' of the document may itself depend ... sale and
lease as appears from the documents, and of the sale and lease documents
having been got executed and registered from him by misrepresentation
plaintiff is thereafter debarred from contending the said documents to be
void and without the said documents being treated or declared void, the
plaintiffs cannot ... possession of defendant under
documents of transfer / title admittedly executed by the plaintiffs and to
have which documents declared as void, the plaintiff is required
third party to a document is not
entitled to seek cancellation thereof without pleading any prejudice from
the said document. While under Section ... party against who a written instrument is void or voidable is entitled to
seek cancellation thereof, it is essential for the party to establish
record is, whether
the appellant/plaintiff has succeeded in proving that the documents agreeing
to sell the property to the respondent/defendant ... otherwise binding nature of the said documents unless the
appellant/plaintiff is able to establish that the said documents constituting an
agreement in law between
respondent /
plaintiff's case that he is uneducated or executed the document under any
duress or coercion. The respondent / plaintiff knew that ... pleas of the
respondent / plaintiff of the registered Relinquishment Deed being voidable
and the suit claiming the said relief is also barred by time
Contract Act makes an agreement, consent whereto is caused by
misrepresentation, voidable at the option of the party whose consent
was so obtained; (h) attention ... shares; (l) N.C. Aggarwal & Company,
Chartered Accountants relied on documents and information furnished
by Jindal and projections made by Jindal; (m) attention
Manoj Chauhan etc. of having
coerced her into signing of the documents on 25th May, 2001.
16. Neither the counsel for the appellant/plaintiff during ... selling the property - whether it is a nullity and
void or merely voidable at the instance of the purchaser if the purchaser at
the time
from disclosing the emoluments earned therefrom. In
the documents filed along with the plaint also no document in that respect is
included. It is also ... Contract Act . The exception thereto provides that the contract is
not voidable thereunder, if the party whose consent is caused by
misrepresentation had the means