limitation for cancellation of agreement
koustubh bhide
(Querist) 15 January 2019
This query is : Resolved
Dear My Senior and Experts please guide me and help with any citation if any,
I have filed a civil suit for 'cancellation of Sale deed' (I am Plaintiff).
facts of my case in short is:
one sale deed is registered in the year 2007. in the said sale deed Land is sold at a price of Rs.5,00,000/- but in sale deed para of consideration is mentioned as under:
seller hereby declairs that, he has received the consideration price of Rs.5 lakh from the purchaser in the following manner:
Amount Rs._____, on dt._______ through ________bank______branch. hence there is nothing pending between the parties. purchaser declairs that, he has received the full consideration amount.
in fact, seller of land has not receive any amount from the purchaser. hence i filed suit for cancellation of agreement in the year 2017. defendent appeared in the matter and filed application under order 7 rule 11 stating that, plaintiff is filling suit after 3 year from the date of registration.
fact is- seller and purchaser was friends so, Purchaser at the time of registration had not paid any money to seller and took possession. and then in the year 2015 seller came to know from villagers that, without giving payment to him , purchaser sold the said land to thrid party and 7x12 was also transferred in the name of third party for which seller has not knowledge. hence he got knowledge the he is been cheated by the purchaser, in the year 2016 for the 1st time when he took certified copies of agreement from sub registrar regarding thrid party sale deed.
now, defendent (purchaser of land) came to court with 7x11 application stating that, i have paid 5 lakh rs. to seller in cash hence details in the registered agreement of 2007 were kept blank. but in fact plaintiff is saying he has not received any amout. and agreement which is kept blank is also void.
So, now i need citation on limitation act sec.58 read with fraud that, limitation period for cancellation of sale deed starts when plaintiff came to knowledge 1st time when he is been cheated. not from the date of registration of document.
Isaac Gabriel
(Expert) 15 January 2019
Whether the payment is mentioned as per the sale deed? It is unbelievable to demand the consideration after the registration of the sale deed. "Seller hereby declares" could have been the issue for confrontation.Neverthless you need not get anxiety since the document and possession with you.
Dr J C Vashista
(Expert) 16 January 2019
Vague, Unsubstantiated and unbelievable averments, hence the suit shall fall flat.
Agreement in 2017 and sale deed in 2007, how it is possible ?
You are barred by limitation for cancellation of subject sale deed of 2007.
