Relief for Cancellation or Declaration – Party, denying effectiveness of a Sale Deed as sham or nominal, may, but need not, seek cancellation under Section 31 of Specific Relief Act- Plea of sham transaction may be raised by way of defence or in collateral proceedings- No
Relief for Cancellation or Declaration – Party, denying effectiveness of a Sale Deed as sham or nominal, may, but need not, seek cancellation under Section 31 of Specific Relief Act- Plea of sham transaction may be raised by way of defence or in collateral proceedings- No inflexible requirement to independently institute a Suit for Declaration or Cancellation.
2025 (6) СТС 470
IN THE HIGH COURT OF MADRAS
T.N. Raja Gounder Vs. R.K. Muthusami (died) and 22 others