sale deed cancellation
Querist :
Anonymous
(Querist) 06 November 2009
This query is : Resolved
I filed a suit for specific performance against agreement to sell dated 27.06.87. Ex-party decree was past with direction to deposit remaining sale consideration of Rs. 95000/- with in 30 days. Suit for execution of sale deed was filed on 04-01-91, after notice and publication commissioner was pointed to registered sale deed which was registered on 06-09-91. Ex party decree was set aside on 12-11-94 and application for setting aside the ex-parte decree was given on 15/05/92. In which no prayer for cancellation of sale deed. Due to which sale deed till date is not cancelled by the civil court.Possesion is of land is still with me.
On the other hand after setting aside the ex party decree the case was re-trialed and i lost upto SPL in the apex court.
Now question arises that my sale deed is registered document and having legal value which has not been cancelled by any civil court so far. According to apex court judgment sale deed is a registered document and required to be cancelled by the civil court through declaration within the periods of three years as per limitation act 1963 article 59 and 113.
But on the other side opposite party claims that after the setting aside the exparty decree, the sale deed automatically become invalid or void. Please clarify,” that can a registered document become invalid automatically”?
On 15-05-1992 when the application for setting aside was submitted – the relief for -taking possession---cancellation of sale deed ---and setting aside ex-party decree were available, but he sought only setting aside ex-party as court fees was involved in other reliefs. Can the remaining relief are barred under ORDER 2 RULE 2 CPC and limitation and can not claim at this point of time.
