An executant of a registered document must seek the cancellation of said document along with consequential relief rather than relying on a mere declaration to challenge its validity.

JUDGMENT

The plaintiff has filed a suit for a declaration that the documents executed by her in the year 2012 were never intended to be acted upon as executed and were only intended as security for the transaction. Both courts have concurrently found against the plaintiff. Though several contentions were raised by the learned counsel for the appellant, this Court finds that the plaintiff has only sought a declaration that the documents executed by her were not intended to be a sale deed but were instead intended as security for the loan transaction, and therefore she has not prayed for setting aside the documents.

2. In Suhrid Singh alias Sardool Singh VS Randhir Singh and others (2010) 12 SCC 112, it was held that when the executant of a document seeks to avoid or invalidate the document , a mere declaration is insufficient and the executant must seek cancellation of the document along with the consequential relief.

3. Admittedly, the appellant/plaintiff has not sought cancellation of the document executed by her. That be so, the findings rendered by the courts below do not call for any interference. Resultantly, the appeal is dismissed finding that no substantial questions are raised for consideration.