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
Sale Deed bearing No.150, dated 02.02.2005 being a
voidable document, only the Civil Court has jurisdiction to try the issue; and secondly,
the Consolidation ... obvious result is abatement of the suit. But, in case of voidable documents,
the competent forum is the Civil Court and not the Consolidation Authorities
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
respondent however sought to
argue that once there exists a registered document being the sale
deed dated 17.2.2003 in favour of defendant ... cancellation of the sale deed which was a void document. Only
voidable documents are required to be got cancelled, and void
documents are not required
below has wrongly held that
two gift deed dated 27.01.1955 are void document. According to the learned
counsel, the gift was made by Fulbaso Kunwar ... Fulbasoi Kunwar in favour of plaintiff and plaintiff son
were voidable documents and the plaintiff being the reversioner could have
challenged the same within
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
Relief Act. The learned counsel for the respondent
contended that since the document was got executed on
misrepresentation as regards its character the transaction ... Specific Relief
Act, 1963 thus, refers to both void and
voidable documents. It provides for a
discretionary relief.
16] When a document is valid
illegal or without
authority. On a reading of Ext.A1 document, it could not be said that
it is a licence pure and simple ... counsel for the
respondents that Ext.A2 is only a voidable document and if the
Devaswom was aggrieved by the issuance of purchase certificate
