Manoj Kumbharikar
Asked September 19, 2016

Cancellation of sale deed

  • 1 Answer
  • 520 Views

Whether mere suit for cancellation of sale deed with perpetual injunction is tenable ?

Answer 1

S. 38 of the Specific Relief Act, 1963[1] provides for perpetual injunction. As per this provision a perpetual injunction may be granted to you to prevent the breach of an obligation existing in your favour, whether expressly or by implication. This implies that if the execution of the sale deed would lead to the breach of an obligation existing in your favour, the court would probably grant perpetual injunction under this provision.

However, perpetual injunction becomes tenable only after the court grants such injunction, the mere suit does not make it tenable.

You can also apply for cancellation of sale deed under S. 31 of the Special Relief Act[2]. As per this provision, you have the right to sue for cancellation of the sale deed if you will be caused economic damage or injury by the execution of the deed.

 

 

[1] Available at: https://indiankanoon.org/doc/1474155/

[2] Available at: https://indiankanoon.org/doc/1279464/

Agree Comment 0 Agrees about 5 years ago

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