A party should not claim relief of cancellation of sale deed if he is not party to it.
Mere declaration that deed is void against the plaintiff is an appropriate relief.
SC.
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.
IN THE SUPREME COURT OF INDIA
CIVIL APPEAL NO.4177 OF 2024
SK. GOLAM LALCHAND Vs NANDU LAL SHAW @ NAND LAL KESHRI @ NANDU LAL BAYES & ORS.
Citation: 2024 INSC 676.
Dated: SEPTEMBER 10, 2024.