Court : Allahabad
Reported in : AIR1935All817
..... 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, court-fees ..... ram v. babu lal : air1932all485 though more or less obiter, since there was a prayer for cancellation, are authority for the proposition that a suit under section 39, specific relief act, for avoiding an instrument, even if there be no prayer for cancellation, carries with it by implication a prayer that the court may further use the discretion given to it by section 39 ..... . the original plaint in the vernacular is not available in this court. if the learned judges meant to lay down that a suit for cancellation of an instrument under the provisions of section 39, specific relief act, was a mere declaratory suit under schedule 2, article 17(iii), then with great respect we are unable to agree with that view. the only reported cases ..... voidable, which may result in its cancellation, and a mere declaratory decree. though the specific relief act was passed some years after the court-fees act, the distinction existed before the specific relief act was passed and it cannot be said that for the purposes of the court-fees act a relief for adjudging an instrument void is of a declaratory nature. on p. 690 it is stated:in our .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1954Bom463; (1954)56BOMLR394; ILR1954Bom930
..... defendant is allowed to plead any defence of mutual mistake in regard to a registered instrument, which he has taken from someone else, it not being necessary for him to sue under section 31, specific relief act, the instrument would not be rectified, no stamp duty would be levied and perhaps the provisions ..... of the stamp act would be defeated. it is said further that to some extent the defendant would have got over the provisions of the transfer of property act and the registration act, ..... specific relief act, is time-barred, we would also be defeating the provisions of the limitation act.6. now, in this case, i do not think that there is any question involved of limitation at all. it was open to the defendant to file a suit for the rectification of his instrument ..... instrument, and there being no registered instrument executed in regard to the property in dispute in favour of the defendant, the defendant has no title to the property.it is true that whenever the defendant discovered the mistake, it was open to him to go to a court under section 31, specific relief act ..... to whether the plaintiff was a transferee from the original vendor in good faith and was thus protected under the provisions of section 31, specific relief act. the plaintiff's sale deed, however, was challenged by the defendant as without consideration and champertous. there were issues upon the point, .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1958Raj276
..... agreement with the decision in bepin krishna bay v. joge-shwar ray, (c). we would like to point out that section 31 of the specific relief act provides that an instrument can only be rectified when the rights acquired by a third person in good faith and for value are not affected by such rectification. in ..... by the plaintiffs against a decree of the senior civil judge, jodhpur, dismissing a part of their claim in a suit brought under section 31 of the specific relief act for (1) a rectification of the boundaries of the mortgaged property in mortgage-deed dated 1-4-46, (2) a rectification of the boundaries of ..... the principle of res judicata because such a compromise decree is not the result of adjudication between the parties. in such cases the decree is the instrument of contract made by the hand of the court but by the will of the parties. in our opinion a decree in which a mistake ..... . i dated 20-3-36 executed in favour of mehtabchand, which has been duly proved by the evidence of mehtabchand. in that deed dhume khan specifically stated that he had mortgaged his house in favour of sajjanchand.the mortgage-deed ex. 3 was handed over by dhume khan to smt. bilam kanwar ..... 1953 was within the period of limitation prescribed under article 96 of the limitation act.10. we accordingly hold that the cross-objection is without force.11. now we come to the appeal preferred by the plaintiffs. the proper relief which they should have asked besides the rectification of the mortgage-deed should have .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1935All207; 153Ind.Cas.599
..... reporter has relied upon as authority for the view which he takes. in that case it was held that:where a suit is for the cancellation of an instrument under section 89, 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, schedule 1, article ..... krishna v. ram narain : air1931all369 , though more or less obiter, since there was a prayer for cancellation are authority for the proposition that a suit under section 39, specific relief act, far avoiding an instrument, even if there be no prayer for cancellation carries with it by implication a prayer that the court may further use the discretion given to it by section 39 ..... pointed out that it was not incumbent on a plaintiff to ask in express terms a relief for the instrument to be delivered up and cancelled and that he might merely ask for its being adjudged void or voidable. nevertheless a suit which falls under section 39, specific relief act, was held to be not a suit for obtaining a mere declaratory decree but one ..... extinguish her proprietary rights.' these allegations are followed by a prayer that the instrument be 'declared' to be void and ineffectual against her. the word used in the original plaint is 'istiqrar,' which may also be translated in english as 'adjudged,' a word which is used in section 39, specific relief act. it is quite correct to construe the last paragraph of the plaint .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2007SC2917; 2007(2)CTLJ292(SC); [2007(4)JCR58(SC)]; 2007(6)KarLJ518; 2007(9)SCALE531; (2007)6SCC484; 2007AIRSCW5311; 2007(6)AIRKarR118
..... in the said taluks by way of perpetual injunction.9. under section 26 of the specific relief act, an instrument or contract may be rectified when through fraud or a mutual mistake of the parties, a contract or other instrument in writing does not express their real intention. according to dr. banerjee in his ..... tagore law lectures on the 'law of specific relief, 'if the parties had deliberately left out something from the written instrument, that cannot be put in.' by resort to the remedy of rectification. here, the parties have entered into written ..... or acceptable evidence to establish this plea.13. thus, on facts, we find that no case has been made out for rectification of the instrument only as regards the obligation of the plaintiffs to pay the kist at best, the plaintiffs may have a right to sue for damages ..... had suffered any detriment by entering into the contracts in question based on the promise held out to them, though not reflected in the written instrument.11. the american supreme court in hunt v. rousmanier's administrators 8 wheaton 174 speaking through chief justice marshall indicated the position in law ..... shall not be varied by parol testimony, stating conversations or circumstances anterior to the written instrument.this rule is recognised in courts of equity as well as in courts of law; but courts of equity grant relief in cases of fraud and mistake, which cannot be obtained in courts of law. in .....Tag this Judgment!
Court : Chennai
Reported in : AIR1977Mad215; (1977)1MLJ473
..... consequently, independent of any other consideration, when the court is called upon to exercise the jurisdiction under the provisions of the specific relief act, by canceling an instrument on the ground that the instrument is void or violable, it certainly has got the power to give a direction which has been done in the present case ..... debts due by the father of the minors is supported by s. 41 of the specific relief act, 1877 now s. 33 of the specific relief act, 1963. these two section clearly provide the when the court adjudges cancellation of instrument on the ground that it was void or voidable, it has got the power to ..... call upon the plaintiffs at whose instance the instrument is adjudged void or voidable, to restore ..... the supreme court in md. amin v. vakil ahamed,had no occasion to consider the provisions of s. 41of the specific relief act, 1877, corresponding to s. 33 of the specific relief act, 1963 and therefore on this ground also the failure to refer to that decision of the supreme court by the bench ..... 170) and abdul majid sahib v ramiza bivi sahiba, 33 mad lw 312: (air 1931 mad 468) held that under s. 41 of the specific relief act, 1877, the court had ample power to direct the plaintiffs who had come to court for setting aside the alienation to pay compensation to the other .....Tag this Judgment!
Court : Chennai
Reported in : (1989)2MLJ67
..... for their right as if it did not exist|but a may sue, if the instrument is likely to cast a cloud upon his titles, to get a declaration under section 34 of the specific relief act, 1963 that the instrument is not binding upon him and cannot affect his interests. he is, however, ..... not bound to sue for such a declaration and his failure to do so will not affect the enforcement of his rights. even if in a suit to enforce such rights he prays for setting aside or cancelling such an instrument ..... , the prayer will be regarded as merely incidental to the reliefs which he claims.24. even if the plaintiff is a party to the document but impugnes it either as ..... their lordships of the judicial committee of the privy council observed:as to the point raised on the indian limitation act, 1877, their lordships are of opinion that the conveyance being an inoperative instrument, as in effect, it has been found to be, does not bar the plaintiffs right to recover possession ..... appellants that the relief of cancellation of a document falls under article 59 of the limitation act of 1963 corresponding to article 91 of the limitation act of 1908 and the period of limitation is three years from the time when the facts entitling the plaintiff to have the instrument cancelled or set .....Tag this Judgment!
Court : Chennai
..... further alleged in the plaint that under section 31 of the specific relief act, if a void instrument is left outstanding and the person has got a reasonable apprehension that the said instrument may cause him serious injury, he has a right to get such instrument adjudged as void and there is no need to cancel the ..... and the remedy available to the agent is to sue for damages. hence, the plaintiff has no cause of action to file a suit seeking the relief of declaration that the revocation deed is void and the court below, without appreciating the same, erred in dismissing the application filed by the revision ..... regard to the plaint allegations, it cannot be rejected and the court cannot decide at this stage as to whether the plaintiffs are entitled to the relief or not.5. to appreciate the contentions of both the parties, we will have to see the pleadings. as rightly submitted by the learned counsel ..... the agent is to apply for compensation for the earlier revocation of the agency without sufficient cause and as per section 206 of the indian contract act, reasonable notice must be given of such revocation failing which damages can be claimed by the affected party.8. therefore, having regard to the ..... cannot in the absence of any express contract, be terminated to the breach of such interest. therefore, as per section 202 of the contract act, agency coupled with interest cannot be terminated to the breach of such interest and the agency must have an interest in the property which forms the .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1928All360
..... that the decree for cancellation of the sale-deed in so far as it purported to sell the land of the grove was not a proper one. a written instrument under section 40, specific relief act, can be cancelled in part, but that is not what has been done here.3. what in effect is intended is that the deed shall be declared not ..... transfer the right of absolute ownership in the land.4. the appellant's contention in this appeal is that a grove-holder previous to the passing of the agra tenancy act, 1926 was not entitled to transfer his interest in land. reliance has been placed on the case of wahida khatun v. bulaqi das  3 a.l.j. 385. that ..... land so long as the grove was maintained, that right has always been affirmed in respect of grove-holders even before the passing of the tenancy act of 1926. section 197, 01. (b) of that act merely re-enacted the existing law. where a person transfers land this always means that he transfers his interest in the land if in the said .....Tag this Judgment!
Court : Delhi
Reported in : AIR2000Delhi38; 102CompCas162(Delhi); 79(1999)DLT338; 1999(50)DRJ393; (1999)122PLR37
..... a negotiable instrument and under section 9 of the act the payee is the holder in due course. the defendant, as a holder of the said cheques ..... the defendants or her agent, servant,authority from using, claiming any benefit by virtue of possessing the instruments.' 4.by this application, the defendant seeks rejection of the plaint on the ground that the present suit is not maintainable under the provisions of the specific reliefs act. 5. admittedly, the plaintiff had issued the aforesaid cheques in favor of the defendant. a cheque is ..... in this suit are in substance for an injunction restraining the defendant from prosecuting the criminal case instituted against the plaintiff. section 41(b) of the specific relief act denies to the court the jurisdiction to grant an injunction restraining any person from prosecuting any proceedings in a court. consequently, the injunction sought by the plaintiff cannot be granted ..... , is entitled to their benefits. section 72,73,75a and section 84 of the act are specific provisions which protect the interest of the payee under the cheque .....Tag this Judgment!