Whether the cancellation deed has been validly executed or not can be confirmed only after a threadbare perusal of it. To substantiate the case, the plaintiff examined herself as P. A sale deed by which the ownership rights in an immovable property are transferred can be ignored only under two circumstances. It was also submitted that the High Court had committed an error of law and of jurisdiction in not considering the fact that the case of the plaintiff in the plaint itself was that over and above plaintiff, defendant Nos. Has any of the parties to the dispute not mentioned anything about the registration of sale deed and has any of the courts passed any comments over this issue? Regards, Sreenu 1 period of limitation would be 3 years from discovery of fraud. On the other hand, when the plaintiff is seeking to establish a title and finds himself threatened by a decree or a transaction between third parties, he is not in a position to get that decree or deed cancelled in toto. There can be no departure from them in evidence.
That itself probabilises that the plaintiff did not take any action because he knew early that his father of the defendants as otherwise, as a man partition in the year 1948. Even as per the stance of the plaintiff, D. The plaintiff might have come across several people while running an organisation with the financial aid and funds of the Government. Voidable act is that which is good act unless avoided e. Be that as it is, sale of immovable property being contract, it is necessary to recapitulate the basic principles of contract. These remedies may include a forfeiture provision in the contract, suit for specific performance whereby the buyer must pay or vacate the premises, or breach of contract. The latter can trigger suspicion, for it means nothing less than a breach of the agreement.
Such situations often arise due to misrepresentation of facts, suppression of facts and other related factors. There is no principle on which suits involving the issue of validity of an instrument should, if of a declaratory nature, be brought within one period of time, but if involving relief based on that declaration, may be brought within another period of time. Andhra High Court Yanala Malleshwari And Ors. Can he not execute and register a deed cancelling the offending sale deed? On the contrary, if an employee notices a breach of contract by their employer, they are free to cancel the contract by either writing a contract termination letter or filling a cancellation of contract form. As per the testimony of P.
As such the sale became invalid. After the registration of the deed of cancellation, the investor will have no right on the aid property, 3. Record of trial court be returned. Such renunciation is not invalid even if the renouncing coparcener makes it a condition that he would be paid something towards maintenance. What then is the procedure prescribed by law to get rid of the effect of a voidable instrument?. 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. As seen from the evidence of D.
Whether the learned lower appellate court was justified in accepting the certified copy of the alleged Will dated 23-12-1981 without compliance with the provisions contained in Section 65 of the Indian Evidence Act? This principle has been engrained in Section 111 of the Indian Evidence Act, 1872. Hence, the suit for cancellation of the sale deed dated 22. Yours:- Randhir Kumar Advocate-on-Record High Court,Patna Cont. If she is deceased then all or any one of her children as her legal heir s can challenge the sale deed in the court. The reason is that in such a sale deed, admittedly, the title remained with the transferor.
The court has to take into consideration the socio-economic, education and cultural background of the parties to the proceedings while appreciating their evidence. This property will be deemed to have been excluded from will. . The plaintiff in unequivocal terms admitted that Ex. Article shared by Article 59: Arts. If it is so, please confirm the time period limitation for the cancellation of the sale deed through court. Having regard to the facts and circumstances of the case on hand and in view of the ratio laid down in cases 2 to 5 cited above, we have no hesitation to hold that the plaintiff is not entitled to the relief sought by her.
An agreement enforceable by law is a contract and agreement not enforceable by law is void, though an agreement enforceable at the option of one or more parties thereto becomes voidable. It had, however, no jurisdiction in respect of agricultural land and to that extent, the preliminary objection raised by the contesting defendants was well-founded and was upheld. An agreement to sell is a legal written document on which the conveyance deed is drafted under which both the parties will settle certain terms and conditions i. Even as per the admitted facts, the plaintiff is running a hostel for girls since 2001. That on 13-9-2003, it came to knowledge of the Plaintiff that the Defendant No. As seen from the evidence of D.
Only Revenue Court can record a finding whether such an action was in accordance with law or not and it cannot be decided by a Civil Court. Com and living as a vagabond. A sale deed always precedes agreement to sell. The cancellation of he deed is not by virtue of any court order by by executing and registering a deed of cancellation mutually agreed by both the parties of the earlier registered deed, 4. It was also stated that the records revealed that the names of contesting defendants had been mutated into Record of Rights and the name of plaintiff was deleted. The aggrieved defendants have approached this Court. Originally the said property along with plaint 'B' property and other properties were purchased by her father, by name Kurella Adinarayana Sastry, from Pannala Venugopala Krishna Murthy under registered sale deed dated 19.
He got a little bit psychiatric problem. Therefore, the judgment of the learned Lower Appellate Court does not suffer from any illegality or infirmity and there is no ground to interfere with the said judgment. Consequently, the miscellaneous petitions if any pending in this appeal shall stand closed. Decree for recovery of earnest money with interest should have been passed if the trial court would have opined that agreement to sell was not tampered with. The conversation between the plaintiff and defendant, if any, recorded in the mobile phone as stated by P.