AI Overview...
- Section 31 of the Specific Relief Act, 1963 - Main points and insights:
- Provides for suits for declaration of title and cancellation of registered documents, including sale deeds (e.g., Varaha Lakshmi Narasimha Swamy Vari Devasthanam, Simhachalam VS Matta Satya Rao - Andhra Pradesh, Prem Singh VS Birbal - Rajasthan, Prem Singh VS Birbal - Rajasthan, Anil Rishi VS Gurbaksh Singh - Punjab and Haryana).
- Establishes that a person aggrieved by registration or validity of a document can seek cancellation or declaration of its nullity before the court.
- Presumption in favor of registered documents being valid, but this can be challenged through a suit under Section 31 (Prem Singh VS Birbal - Rajasthan).
- The section also covers declaratory relief, including perpetual injunctions (Varaha Lakshmi Narasimha Swamy Vari Devasthanam, Simhachalam VS Matta Satya Rao - Andhra Pradesh), and emphasizes that such suits are subject to limitation periods, notably three years as per Limitation Act, Art. 59 (Habeeba Begum VS Gulam Rasool - Andhra Pradesh, Prem Singh VS Birbal - Rajasthan).
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The section's scope includes persons seeking derivative or indirect title, and it is applicable even when the underlying transaction is not voidable but contested (Md. Noorul Hoda VS Bibi Raifunnisa - Rajasthan).
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Related legal provisions and considerations:
- The section is often invoked alongside Sections 34 of the Act, dealing with registration effects, and other statutes like the Limitation Act and Evidence Act (Varaha Lakshmi Narasimha Swamy Vari Devasthanam, Simhachalam VS Matta Satya Rao - Andhra Pradesh, Prem Singh VS Birbal - Rajasthan, Prem Singh VS Birbal - Rajasthan).
- Court fee considerations for suits under Section 31 hinge on whether the relief is for declaration or cancellation (Anil Rishi VS Gurbaksh Singh - Punjab and Haryana).
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The section is also relevant in cases involving setting aside sale deeds or challenging registration validity, with courts emphasizing the importance of timely filing (Prem Singh VS Birbal - Rajasthan, Prem Singh VS Birbal - Rajasthan).
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Analysis and Conclusion:
- Section 31 of the Specific Relief Act, 1963, is a crucial provision enabling parties to seek declaration of ownership and cancellation of documents, including sale deeds and registrations.
- It balances the presumption of validity of registered documents with the right of parties to challenge them through civil suits.
- The section's effectiveness depends on adherence to prescribed limitation periods and proper framing of relief sought.
- Courts have consistently held that suits under Section 31 are maintainable for challenging registration and seeking relief against fraudulent or incorrect entries, with procedural and substantive safeguards in place (Varaha Lakshmi Narasimha Swamy Vari Devasthanam, Simhachalam VS Matta Satya Rao - Andhra Pradesh, Prem Singh VS Birbal - Rajasthan, Anil Rishi VS Gurbaksh Singh - Punjab and Haryana).
References: - Varaha Lakshmi Narasimha Swamy Vari Devasthanam, Simhachalam VS Matta Satya Rao - Andhra Pradesh - Habeeba Begum VS Gulam Rasool - Andhra Pradesh - State of Rajasthan VS Ramjan Khan - Rajasthan - Prem Singh VS Birbal - Rajasthan - Prem Singh VS Birbal - Rajasthan - Md. Noorul Hoda VS Bibi Raifunnisa - Rajasthan - Anil Rishi VS Gurbaksh Singh - Punjab and Haryana
Search Results for "Specific Relief Act Art 31"
2014 0 Supreme(AP) 752 • India - Andhra Pradesh
KALYAN JYOTI SENGUPTA, SANJAY KUMAR
also provides for declaratory relief and the provision of Section 38 thereof provides for a perpetual injunction - Court holds that ... is registered, the same is liable to be cancelled by laying a challenge before the civil Court - More so, Section 34 of the said Act ... Regarding the effect of such registration, Section 31 of the Specific Relief Act, 1963, is the relevant provision, which is set out hereunder: ... 31. ... More so, Section 34 of the said ....
1999 0 Supreme(AP) 553 • India - Andhra Pradesh
B.PRAKASH RAO
SPECIFIC RELIEF ACT - Sec.31 - LIMITATION ACT, Art.59 - Suit filed seeking declaration of title and recovery of possession ... of Specific Relief Act - Art.59 of Limitation Act contemplates period of limitation of 3 years in respect of ... registered documents to which he is a signatory, he has to seek cancellation of those documents as contemplated u/S.#H....
2014 0 Supreme(Raj) 370 • India - Rajasthan
P.K.LOHRA
Constitution of India, Art. 227; Specific Relief Act, 1963, Sec. 31 — Closure of evidence — Suit for declaration u/S. 31 for cancellation ... & lk{; cUn djuk & foØ; foys[k ds fujLrhdj.k gsrq /kkjk 31 ds rgr ? ... nbsp; Hkkjr dk lafo/kku vuqPNsn 227( fofufnZ"V vuqrks"k vf/kfu;e] 1963] /kkjk 31 ... The facts in brief, giving rise to this writ petition are that a civil suit for declaration under Section 31 of the Specific#HL_....
2006 0 Supreme(Raj) 832 • India - Rajasthan
S.B.SINHA, P.K.BALASUBRAMANYAN
(a) Limitation Act, 1963, Art. 59, 60, 65 and Specific Relief Act, 1963, Sec. 5, 6, 31 & 34 – Setting aside the deed of sale – Suit ... (Paras 28 & 29)(b) Evidence Act, 1872, Sec. 114 and Specific Relief Act, 1963, Sec. 31 – Presumption as to the document – Presumption ... A suit for cancellation of instrument is based on the provisions of Sec. 31 of me Specific....
2006 0 Supreme(Raj) 825 • India - Rajasthan
P.K.BALASUBRAMANYAN, S.B.SINHA
(a) Limitation Act, 1963, Art. 59, 60, 65 and Specific Relief Act, 1963, Sec. 5, 6, 31 & 34 — Setting aside the deed of sale — Suit ... (Paras 28 & 29) ... (b) Evidence Act, 1872, Sec. 114 and Specific Relief ... Act, 1963, Sec. 31 — Presumption as to the document — Presumption that a registered document prima facie be valid in law — Held ... A suit for cancellation of instrument is based on the p....
1995 0 Supreme(Raj) 638 • India - Rajasthan
K.RAMASWAMY, B.N.KIRPAL
Limitation Act, 1963, Art. 59 and 113; Transfer of Property Act, 1882, Sec. 55(1) and Specific Relief Act, 1963, Sec. 31 – Benami ... ... It would thus be clear that the word `person in Section 31 of the Specific Reliefs Act is wide enough to encompass person seeking derivative title from his seller. ... Section 31 of the Specific Reliefs #HL_....
1979 0 Supreme(Bom) 39 • India - Bombay
MANOHAR
MUNICIPAL CORPORATION ACT, SECTION 527 - SPECIFIC RELIEF ACT, 1963, SECTIONS 31, 34 - LIMITATION ACT, 1963, ART.113 - CONSTITUTION ... Whether the plaintiffs are entitled to any other relief? Ratio Decidendi: 1. ... OF INDIA, ART.19(1)(F) - A licensee under the Indian Electricity Act, 1910 is not empowered to demand a security deposit from a ... The defendants have argued that such a suit could have been filed by t....
1998 0 Supreme(P&H) 519 • India - Punjab and Haryana
SWATANTER KUMAR
COURT FEE - SUIT FOR DECLARATION - CANCELLATION OF REGISTERED SALE DEED - COURT FEE PAYABLE - SPECIFIC RELIEF ACT, 1963, SEC. ... 31 - COURT FEES ACT, 1870, SEC. 7(IV)(C), ART. 1, SCH. ... the relief claimed, not the title or wording of the prayer. * A suit for declaration that a registered sale deed is void or voidable ... The submissions raised before the trial Court was that the suit as framed was hit by the provisions of Sec. 34 of the Specific #....
1946 0 Supreme(Cal) 154 • India - Calcutta
ORMOND, GENTLE
Arbitration - Reference to Judge as Umpire - Arbitration Act, 1940, Ss. 14, 15, 16, 17, 22, 23, 30, 31, 32, 39 - Specific Relief ... Act, 1877, S. 39 - Limitation Act, 1908, Art. 158 - Whether a Judge can be appointed an arbitrator or umpire - Whether an application ... that relief. ... That case no doubt illustrates, what was then accepted as being the position, that a suit u/s 39, Specific Belief Act#HL....
1988 0 Supreme(MP) 489 • India - Madhya Pradesh
S.AWASTHY
... (3) Specific Relief Act, 1963 – S. ... In this case, the plaintiff does not claim any relief on the basis of void contract or illegal act. ... ... (2) Limitation Act, 1963 – Art.
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