Non-applicant Shivlal who was the Bhumiswami of suit lands, sold the same to the applicant by a registered sale-deed dated 8-4-1969 for Rs. 6,000, delivered possession of the land to the applicant defendant in pursuance of the sale and also got the name of the applicant mutated in the revenue record. On 5-11-1973, Shivlal filed a suit against the applicant for a declaration that the aforesaid sale did not bind him and also claimed the relief of possession. The suit was based, inter alia, on the allegations that the sale was effected merely to secure a loan from the applicant who happened to be a money lender. It was urged on behalf of the applicant that the sale-deed to which the plaintiff was a party, if left outstanding, was bound to be injurious to the interest of the plaintiff and it was necessary for him to ask for the relief of its cancellation as contemplated by section 31 of the Specific Relief Act.

Held : According to this section, to entitle a plaintiff to get a decree of cancellation of an instrument, three points must be made good by him viz. (a) that the instrument is void or voidable; (b) that the plaintiff has reasonable apprehension that the instrument if