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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
Srilakshmi, W/o. Sri. Vasudeva sastry – Appellant
Versus
State Of Karnataka, By Its Secretary To Government Revenue Department – Respondent
JUDGMENT :
E.S.INDIRESH, J.
1. These appeals are arising out of judgment and decree dated 03.12.2013 in O.S.No.8096/2006, O.S.No.8098/2006, O.S.No.7992/2006 and O.S.No.8095/2006 on the file of the XXVII Additional City Civil Judge, Bangalore City, dismissing the suit of the plaintiffs.
2. The parties are referred to as per their original ranking before the court below.
3. Since the facts are identical and the questions of law involved for consideration in the respective appeals are one and the same, with consent of the learned counsel for the parties, the appeals were clubbed together, heard and disposed of by placing common judgment.
4. The brief facts in these suits are that the plaintiff has sought a declaration with consequential relief of injunction against the defendants to set aside the Cancellation Deeds dated 28.12.2004 and to declare that the Sale Deeds dated 07.03.2006 executed in favour of defendant no.6 are null and void, inter alia, sought for relief of permanent injunction, restraining the defendants from obstructing the possession and enjoyment of the suit sites, bearing Nos. 160, 120, 119, 157, 121 and 156 respectively and the building constructed thereon in Srigandada
Unilateral cancellation of sale deeds by a society is invalid if statutory notice is not given, and established possession takes precedence.
Unilateral cancellation of sale deeds is void; a suit for cancellation must follow legal procedures, and claims barred by limitation cannot be entertained.
Subsequent purchasers cannot assert defenses of the original vendor without seeking leave under Order 22 Rule 10 of CPC, especially when the original sale deeds have been canceled.
The main legal point established in the judgment is that a deed of conveyance shall not be cancelled without putting the person on notice, and the court considered the impact of the cancellation deed....
A registered Agreement of Sale-cum-GPA cannot be unilaterally cancelled.
The court held that disputes over property ownership and cancellation of deeds should be resolved in civil court, not through writ petitions, especially when involving deceased parties and complex fa....
A registered cancellation deed of a Will, unchallenged, holds precedence in ownership claims, and a prima facie case is essential for injunctions under Order 39.
A co-owner can validly alienate their undivided share in joint property, and unilateral cancellation of a sale deed is legally ineffective unless supported by substantial evidence.
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