Civil Procedure Code, 1908—Section 96, Order VII Rule 11—Second Appeal—Constitution of India, Article 227—Writ Petition—Challenge to plaint in Original Suit No. 136 of 2025 for cancellation of sale deed and permanent injunction—Petitioner seeks rejection of plaint relying on earlier High Court order granting liberty to file suit—Supreme Court judgment clarifies High Court’s supervisory jurisdiction under Article 227 is limited and cannot be used to reject plaint—Rejection of plaint is governed by Civil Procedure Code, Order VII Rule 11—Appeal remedy under Section 96 bars supervisory jurisdiction—Petition dismissed—Petitioner free to approach trial court by appropriate application. [Paras 2–8] ...

Civil Procedure Code, 1908—Order 39 Rule 1—Suit seeking cancellation of a sale deed and grants a permanent injunction, ruling on property rights under the Succession Act—Plaintiffs, grandsons of the deceased, contest the sale of inherited property by the deceased's wife ("SH")—Defendants, heirs of SH and the purchaser ("A"), assert SH's absolute estate and the sale's validity—The court, interpreting the will, confirms SH's absolute ownership and validates the sale to A—Plaintiffs are ordered to surrender property possession to defendants within 60 days and pay mesne profit from 01/01/1996—The judgment emphasizes will interpretation principles and concludes SH's absolute estate, affirming the sale deed's validity and dismissing plaintiffs' suit. ...

Limitation Act, 1973, serves to protect the rights of a party defrauded from the lapse of time, as long as they remain in ignorance of the fraud or could have discovered it with reasonable diligence. However, this provision does not extend to a person who willfully ignores circumstances that would lead to the discovery of the fraud. It safeguards the defrauded party's rights as long as they are not at fault for the delay.In a case involving the cancellation of a sale deed, the suit must be filed within three years from the date of knowledge of the sale deed. The relief for possession is considered consequential, with the substantive relief being the cancellation of the sale deed. Therefore, when a composite suit is filed for both cancellation and possession, the limitation period pertains to the substantial relief of sale deed cancell...

Cancellation of sale-deed—Specific Relief Act, 1963—Section 31—Transfer of Property Act,1882, Section 54—Cancellation of sale-deed—First defendant seeking for—Trial Court held that second defendant did not acquire any right, title or interest on basis of Gift Deed executed by first defendant—Trial Court accepted the case made out by appellant that liabilities of first defendant were discharged by him—High Court set aside the decree of trial Court—Appeal against—Determination of—There was no transfer of title under sale-deed—There was no reason for him to unilaterally execute a document of cancellation of sale-deed—Second defendant will not get any right by virtue of gift deed as first defendant had no transferable title—There was no counter-claim made...

Constitution of India,1950—Article 226—Criminal Procedure Code,1973—Section 173(2) and 482—Indian Penal Code,1860 – Sections 417, 206, 421, 207, 208, 210, 239, 240, 242, 243, 246 to 253, 239, 240, 242, 243, 246 to 253, 255 to 261 264,266, 415, 420, 422, 423, 463 to 471, 474, 504 ,424 418 and 419—Contract Act, 1872—Section 17—Sale deeds—Cancellation of a Power of Attorney—In a recent case concerning the cancellation of a Power of Attorney, the appellant and his wife were recorded as owners of a plot and had executed a registered Power of Attorney in favor of an individual who has since died—This deceased attorney executed sale deeds in favor of the appellant and his family, leading to their names being recorded in the revenue records—The court held that the FIR did not...

Civil Procedure Code, 1908, Order VII Rule 11—Rejection of Plaint—Lack of Cause of Action—Cancellation of a sale deed—Civil Revision—Maintainability of Suit—Privity of Contract—Vexatious Litigation—Where plaintiffs instituted a suit seeking cancellation of a sale deed despite lacking privity of contract with the executants of the impugned deed, and without seeking specific performance of an agreement to sell, the suit was found to be vexatious and without cause of action—The High Court held that in the absence of legal entitlement under the contract or ownership claims, the plaintiffs could not challenge the sale—Applying the principles laid down in Dahiben and Raghwendra Sharan Singh, the plaint was rejected under Order VII Rule 11 CPC and the trial court’s order was set a...

A. Indian Evidence Act, 1872—Section 101—Burden of Proof—Cancellation of Sale Deed—The onus to prove payment of substantial consideration in the past lies squarely on the purchaser. In the absence of documentary evidence or independent corroboration, the oral statement of the purchaser's husband, made regarding payments allegedly made years before execution of the sale deed, cannot be accepted as proof. (Para 15) B. Contract Law—Fraud and Misrepresentation—Cancellation of Sale Deed—Where vulnerable individuals were misled into believing they were signing documents for government grants, not for sale of their property, the sale deed is vitiated by fraud and misrepresentation. The lower appellate court's finding that signatures were obtained under such deception was proper. The High ...

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950—Section 331—Counter affidavit—cancellation of the sale deed—The petitioners, two sons of Respondent No.5, challenge an order that declared their suit for canceling a 1991 sale deed as not maintainable under Section 331 of the U.P.Z.A. & L.R. Act—They claim ancestral rights to the agricultural land and argued that, being owners of half the property, only a civil court had jurisdiction—The court rejected this, citing the absence of evidence supporting their ownership, emphasizing that mutation in revenue records isn't conclusive—The judgment distinguishes the case from precedent (Smt. Bismillah) where a property owner sought cancellation against agents, finding the present suit improperly filed by sons against their father—Th...

A. Sale Deed Cancellation—Fraud and Misrepresentation—Illiterate Elderly Plaintiff—An elderly, illiterate plaintiff claimed a sale deed was fraudulently obtained by misleading him into believing it was a surety bond. The trial court found no consideration paid and ruled in favor of cancellation due to fraud. The appellate court wrongly treated the document as a gift deed under Section 25(1) of the Contract Act despite the document explicitly stating it was a sale and no consideration was actually transferred. [Paras 2, 3, 4, 5, 8, 10, 12, 20] B. Contract Act, Section 25(1)—Agreement Without Consideration Based on Natural Love and Affection—Section 25(1) applies only to agreements between closely related parties, expressed in writing and registered, made out of natural love and affection. A document la...

A./ Indian Evidence Act, 1872—Section 101—Burden of Proof—Cancellation of Sale Deed—Where the executant of a sale deed was illiterate, aged, and in a position of vulnerability, and the deed was executed under the misrepresentation that it was a deed of partition, the onus lies on the purchaser to prove that the document was executed knowingly and for genuine consideration. Failure to prove payment of consideration or explanation of the document’s contents renders the sale deed void. (Paras 8, 10) B. Contract Law—Fraud and Misrepresentation—Sale Deed Executed Under Deception—A sale deed obtained through fraud and misrepresentation, especially where the executant was led to believe the document was of another nature (e.g., a partition deed), is voidable at the instance of the defrauded...