Skip to content


Judgment Search Results Home > Cases Phrase: cancellation specific relief act Page 1 of about 35,867 results (0.116 seconds)

Oct 14 1998 (HC)

Ajay Goel Vs. K.K. Bhandari and Others

Court : Delhi

Reported in : 1999(48)DRJ292

..... and extinguishment of the right, title and interest of the plaintiff in respect of the suit property the plaintiff cannot seek relief under section 31 of the specific relief act for cancellation of the sale deed by which the title of defendant no. 1 was made perfect on the ground that the same is ..... suit has been instituted by the plaintiff under section 31 of the specific relief act praying for cancellation of certain documents as void. no relief is sought for by the plaintiff for possession although in a suit under section 31 of the specific relief act such a relief can be prayed for. the plaintiff admittedly is not in possession ..... cancellation of the lease by dda and sale permission in favor of the defendant no. 1, there could not be allegation made by the defendant no. 1 that the sale deed dated 10.1.1997 and the power of attorney are void and thus there is no cause of action for the plaintiff under section 31 of the specific relief act ..... from the records that in the said suit also various preliminary objections have been raised by the defendant. the remedy under section 31 of the specific relief act is to remove a cloud upon tile. in this connection reference may be made to a full bench decision of madras high court in ..... k. sharma, j.1.the present suit has been instituted by the plaintiff against the defendants under section 31 of the specific relief act seeking for a decree for mandatory injunction as also for perpetual injunction. the plaintiff in the present suit has prayed for .....

Tag this Judgment!

Jan 12 1977 (HC)

Smt. Hoshiari Devi Vs. Tajvir Singh and ors.

Court : Allahabad

Reported in : AIR1977All295

..... to suffer as far as possible. it is well known that the suits for cancellation and the suits for declaration are both in the realm of the court's discretion. section 31 of the new specific relief act dealing with cancellation of instrument clearly says that the court may in its discretion so adjudge a written ..... instrument as void or voidable and direct it to be delivered up and cancelled. similarly in section 34 dealing with declaratory decrees the expression used ..... its discretion make therein a declaration.' the plaintiff, therefore, did not have an absolute right to get the sale deed in question declared void or cancelled and the lower appellate court has given good reason for directing the plaintiff to file a regular suit for partition and to get her remedies by ..... had been sold in favour of defendants nos, 1 to 3. it was held that the plaintiff had no right to get the sale deed cancelled in these circumstances and the decree of the trial court was affirmed. now feeling aggrieved the plaintiff has come up in the instant appeal and in ..... ,962. the plain-tiff claimed that her share in the disputed plots was one-third and, therefore, she was entitled to get the sale deed cancelled as the same was void and illegal. defendants 4 and 5 did not contest the suit but defendants 1 to 3 did. they questioned the court .....

Tag this Judgment!

Apr 26 1995 (HC)

PravIn S/O Jethalal Kamdar Vs. State of Maharashtra, Through Collector ...

Court : Mumbai

Reported in : AIR1996Bom280; 1995(4)BomCR448; (1995)97BOMLR585; 1996(1)MhLj630

..... or in granting the relief of declaration that the instrument is void or viodabte, but in the instant case since the sale deed dated 23-8-1976 is void ..... of law, the contract is void. the relief cannot therefore be refused to the plaintiff on the ground that both parties have committed a mistake of law in executing the sale-deed.21. it is however, true that there is discretion conferred upon the. court under sections 31 and 32 of the specific relief act, 1963 an cancellation of the instrument as void or variable ..... .22a. it is material to see that the defendants have not brought the case in any of the circumstances referred to in sub-section (2) of section 27 of the specific relief act. in particular, there is no case made out (hat the third party's right or interest has come into being upon the suit property and therefore, there is hindrance in ..... void sale-deed, there is reasonable apprehension of the substantial injury to the plaintiff within the meaning of section 31 of the contract act.22. as regards the question of exercise of discretion section 27(2) of the specific relief act, 1963, relates to rescission of contract provides for certain guidance in exercising the discretion by the court. the said section 27(2) is .....

Tag this Judgment!

Oct 24 2006 (HC)

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court : Andhra Pradesh

Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)

..... the person from whom it was received. these principles cannot be ignored while dealing with the transfer of property, which is void for any of the reasons noticed hereinabove.specific relief act : suit for cancellation of deed:24. that a void or voidable instrument of transfer or instrument governing the relations between two or more persons, cannot be enforced, is recognized in common law ..... . the position of transferee under a fraudulent instrument of conveyance is different from the true owner of the title to the property in question. section 31 of the specific relief act provides one remedy, namely, cancellation of the instrument by showing to the court that such instrument is void or voidable and that if such instrument is allowed to outstanding, it would cause serious ..... person i.e., the true owner of the title, but can as well encompass the property involved. indeed, sub-section (2) of section 31 of the specific relief act requires the court trying a suit for cancellation of instrument to send a copy of the decree to the registering officer, who shall note on the copy of the instrument contained in the books of ..... a suit at the instance of original owner is not maintainable and what are the other remedies to such a person? sections 31 and 34 of specific relief act are relevant and read as under.31. when cancellation may be ordered:- (1) any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding .....

Tag this Judgment!

Apr 17 1935 (PC)

Bishan Sarup Vs. Musa Mal and ors.

Court : Allahabad

Reported in : AIR1935All817

..... . daryai singh (1883) 5 all 331, and to hold that where a plaintiff expressly claims the relief of cancellation such as is contemplated by section 39, specific relief act, the suit is not one for a declaratory relief with or without consequential relief, and that the relief of cancellation is itself a substantial relief on which ad valorem' court-fee under article 1, schedule 1, is payable. i however find ..... is also a full bench decision of this court reported in kalu ram v. babu lal : air1932all485 . this lays down that where a suit is for the cancellation of an instrument under section 39, specific relief act the relief is not a declaratory one. it falls neither under section 7(4)(c) nor under schedule 2. article 17(3), but under article 1, schedule 2 ..... adjudging an instrument void is of a declaratory nature. on p. 690 it is stated:in our opinion where a suit is for the cancellation of an instrument under the provisions of section 39, specific relief act, the relief is not a declaratory one. it falls neither under section 7(iv)(c) nor under schedule 2, article 17(iii), but under the residuary article, ..... stands on a different footing, because a suit to avoid it does not strictly fall under section 39, specific relief act. strictly speaking, it would not even fall within the scope of section 42, specific relief act. where the plaintiff chooses to ask for a definite relief for the cancellation of a decree or for the setting aside of that decree in addition to a declaration that the .....

Tag this Judgment!

Jan 21 1966 (HC)

Baldeo Singh Raghuraj Singh Vs. Gopal Singh Raghuraj Singh and ors.

Court : Madhya Pradesh

Reported in : AIR1967MP221

..... seeks declarations as to absence of their binding character what he really does is to seek cancellation of the same. for, as will be seen by reference to section 39 of the specific relief act when one seeks cancellation of an instrument and induces the court to award that relief what the court does is to grant a declaration that the same is invalid. the further ..... and proving the above facts or either of them.34. on the principles of section 42 of the specific relief act such a suit is a per fectly competent suit. it is not correct to say that in such a case he ought to seek cancellation of the deed of sale. because the law rave him a right to ignore the alienation making it ..... action as to it being delivered up and cancelled has in law to be taken by the court suo motu whether ..... that is asked for or not.36. with the above statement as to the form of the present action and the legal position on the basts of sections 42 and 39 of the specific relief act we shall proceed to consider the authorities .....

Tag this Judgment!

Oct 28 2009 (HC)

Home Developers Vs. Bhanu Sangwan and ors.

Court : Delhi

Reported in : 164(2009)DLT701

..... been instituted by the plaintiff under section 31 of the specific relief act praying for cancellation of certain documents as void. no relief is sought for by the plaintiff for possession although in a suit under section 31 of the specific relief act such a relief can be prayed for. the plaintiff admittedly is not in ..... 23. even as regards the question of maintainability of relief of cancellation of document, by virtue of section 31 of the specific relief act, this court, in ajay goel v. k.k. bhandary 1999 (49) drj 292 held that:section 31 of the specific relief act for cancellation of the sale deed by which the title of ..... cancellation of the lease by dda and sale permission in favor of the defendant no. 1, there could not be allegation made by the defendant no. 1 that the sale deed dated 10.1.1997 and the power of attorney are void and thus there is no cause of action for the plaintiff under section 31 of the specific relief act ..... records that in the said suit also various preliminary objections have been raised by the defendant. the remedy under section 31 of the specific relief act is to remove a cloud upon tile. in this connection reference may be made to a full bench decision of madras high court ..... the last few decades....it has been held in azhar sultana v. b. rajamani : air 2009 sc 2157 that section 16(c) of the specific relief act, 1963 requires continuous readiness and willingness, by the plaintiff to perform his part of the contract. this was emphasized earlier, in ram awadh v. .....

Tag this Judgment!

Aug 22 2006 (HC)

Smt. Narasamma W/O Late Verikataswamy Raju Vs. Sri Nirannanilatha Momm ...

Court : Karnataka

Reported in : 2007(2)KLJ427; 2007(1)KCCRSN15; 2007(1)AIRKarR219; AIR2007NOC263(DB)

..... s time for deposit and in turn, it is the wife of the defendant was to file an application under section 28(1) of the specific relief act seeking cancellation of the decree, and the decree was cancelled;5. pw-1 admits that the defendant was repeatedly calling upon the plaintiff to pay the balance of sale consideration and get the sale deed registered ..... balance of the sale consideration and thereafter, it is the defendant's wife, who was forced to file an application under section 28 of the specific relief act, for cancellation of the decree and the said decree was cancelled. he submitted that this clearly reveals that she had no sufficient resources to pay the balance of sale consideration. he also submitted that though the ..... deposit the sale consideration. the wife of this defendant was forced to file a miscellaneous application under section 28(1) of the specific relief act seeking cancellation of the decree and it is admitted by pw-1 that said decree was cancelled. this circumstance clearly establishes the conduct of plaintiff, that she was not interested in the performance of contract but was only ..... has failed to prove the same by leading evidence. he further submitted that except making statement in the plaint, plaintiff has not produced any evidence, section 16 of the specific relief act requires that plaintiff to plead and prove her readiness and willingness. he further submitted that plaintiff has neither produced proof of any telegram alleged to have been issued to this .....

Tag this Judgment!

Mar 01 2013 (HC)

Vijaya Ammal Vs. Ramalinga Naidu

Court : Chennai

..... p filed on 22.2.2004 was dragged for nearly four years and all of a sudden the respondents came out with an application under section 28 of the specific relief act based on the cancellation deed and discharge receipt said to have been executed by the petitioner on 4.8.2008.13. with these factual background, let me consider the scope of an ..... per contra, the learned counsel for the respondents submitted that the petitioner having entered into a compromise and executed the cancellation deed of the sale agreement along with a discharge receipt, cannot resist the application filed under section 28 of the specific relief act and the court below has rightly allowed the application considering all the facts and circumstances of the case as well ..... dragged for nearly four years and thereafter the respondents filed the above said application under section 28 of the specific relief act by contending that there was an out of court settlement between the parties on 4.8.2008 resulting in execution of cancellation of the suit agreement by the petitioner. it is also contended by the them that the petitioner received the ..... court settlement, whereby the parties have agreed to cancel the suit sale agreement and consequently to annul the decree. in my considered view, while considering the scope of section 28 as discussed above, those two grounds are not available to the respondents herein to file an application under section 28 of the specific relief act for rescinding the contract as well as annulling .....

Tag this Judgment!

May 30 2016 (HC)

U. Vijaya Kumar and Another Vs. Malini V. Rao

Court : Karnataka

..... is for declaration of title and non binding nature of the sale deed and therefore the plaintiff ought to have sought for consequential relief of cancellation of the sale deed. therefore, the suit is hit by sec.34 of the specific relief act and it ought to have been dismissed on that ground alone. secondly, the defendants have adduced evidence to show that they have ..... the defendants. else, a mere declaration as above, in effect will be no relief at all. in the facts and circumsiances of the present case, the relief of possession is the further relief that ought to be sought in terms of proviso to sec.34 of the specific relief act ana not cancellation of the sale deed as canvassed by the learned counsel for the appellants. the ..... declaration that the said sale deed is null and void and does not bind her. section 34 of the specific relief act confers on the plaintiff a right to seek such declaration. 31. having come to know the fraudulent transaction, the plaintiff has already cancelled the general power of attorney and repudiated the transaction. therefore she, necessarily, has to recover possession of the property ..... the instant case, not only the plaintiff has sought for declaration, but also further relief of possession and damages. the plaintiff need not seek cancellation of the sale deed and therefore, the suit is not hit by sec.34 of the specific relief act. since the 1st defendant sought for adjustment of the amount mentioned in the written statement as the one paid towards tax .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //