Wednesday 11 September 2024

Supreme Court: A party should not claim relief of cancellation of sale deed if he is not party to it

 A faint effort was made in the end to contend that the

plaintiff-respondent Nandu Lal had not asked for any

relief of cancellation of the sale deed by which the

property was purchased by the defendant-appellant S.K.

Golam Lalchand and, therefore, is not entitle to any relief

in this suit. The argument has been noted only to be

rejected for the simple reason that Section 31 of the

Specific Relief Act, 1963 uses the word ‘may’ for getting

declared the instrument as void which is not imperative

in every case, more particularly when the person is not a

party to such an instrument. {Para 23}.

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4177 OF 2024

SK. GOLAM LALCHAND Vs NANDU LAL SHAW @ NAND LAL KESHRI @ NANDU LAL BAYES & ORS.

Author: PANKAJ MITHAL, J.

Citation: 2024 INSC 676.

Dated: SEPTEMBER 10, 2024. 

Read full Judgment here: Click here.

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