SUIT FOR CANCELLATION OF SALE DEED

when the sale or purchase of property takes place between parties than in a few cases dispute arises or due to some legal restriction process of the sale can't complete and when any party or under the law that Sale deed requires cancellation then different options are available in law. 

  SUIT FOR CANCELLATION OF SALE DEED

 In case of any violation by any party how to file the suit for cancellation of the sale deed and the required format of the suit, stay application and affidavit of the plaintiff or plaintiffs are given.

How to Write sale deed:

SUIT FOR CANCELLATION OF SALE DEED

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Suit for Cancellation of Sale Deed:

SUIT FOR CANCELLATION OF SALE DEED

IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE.

Civil Suit No. ______________ / 20....

 

__________Son of______________Resident of_______________

….Plaintiffs

 

V E R S U S

 

__________Son of______________Resident of_______________

….Defendant

 

SUIT FOR CANCELLATION OF SALE DEED BEARING DOCUMENT NO. 65443, BOOK NO. 1, VOLUME NO. 1234 DATED 15.08.2020 ALONG WITH DECLARATION AND PERMANENT INJUNCTION.

Respectfully Sheweth:-

1. The plaintiffs are joint owners of agricultural land measuring 1567-Kanals 18-Marlas, situated in Mouza Niaz Baig, Tehsil City, District Lahore. (Copy of register Haqdaran Zameen for the year 1990-91 is attached).

2.       That about two months ago the plaintiffs intended to sell their land for their needs and went to the Halqa Patwari to get Fard Malkiyat from where it transpired that defendant by playing fraud and by acts of personation without consideration has got a registered sale deed out of above said land to the extent of 2-Kanals in his favour with the connivance of revenue staff, whereas, the plaintiffs have never sold any piece of land to the defendant. Neither they have even contacted to sell the land in favour of the defendant. The sale deed is fictitious, forged, void and illegal, the same has no effects on the ownership rights of the plaintiffs and the same is liable to be cancelled.

3.       That the plaintiffs on getting information and knowledge of the alleged sale deed asked the defendant to cancel the same, but the defendant tolerated it on one or the other pretext and lastly a week ago flatly refused to accept the request of the plaintiff. Hence this suit.

4.       That it has come to the knowledge of the plaintiffs that the defendant with the intention to deprive the plaintiffs of their rights is going to sell the disputed property to someone else so it is in the interest of justice that the defendant may be restrained by issuing injunction from selling, transferring, alienating the property permanently in any manner whatsoever. Hence this suit.

5.       That the cause of action arose in favour of the plaintiffs against the defendant firstly on 11.06.2010 when the defendant got a sale deed registered in his favour by playing fraud, secondly two months ago when the plaintiffs got information and knowledge of the fraud played by the defendant and lastly a week ago when the defendant refused to accept the request of the plaintiff and same is continuing.

6.       That the cause of action has also arisen at Lahore, suit property is also situated at Lahore, so the civil court at Lahore has got jurisdiction to try and adjudicate this matter.

7.       That the value of the suit for the purposes of jurisdiction and court fee is fixed as Rs. 650,300/- over which court fee of Rs. 15,000/- is required to be affixed but due to non-availability of court fee, the suit is filed without affixing court fee. However, as and when it is supplied the same will be affixed.

P R A Y E R

It is, therefore, respectfully prayed that a decree for cancellation of the sale deed bearing Document No. 3753, Book No. 1, Volume No. 1704 dated 11.06.2010 may kindly be passed in favour of the plaintiffs declaring that the above-said sale deed has been prepared by the defendant with the connivance of revenue staff by acts of personation without any consideration by concealment of facts registered in a fraudulent manner which is a nullity in the eyes of law and the same has no effects against the ownership rights of the plaintiffs in property in dispute.

It is further prayed that a decree for a permanent injunction may kindly be passed restraining the defendant permanently from transferring, alienating, or selling the suit land to any other person in any manner whatsoever.

Any other relief that this Honourable Court may deem fit and proper may also be awarded to the plaintiffs.

 

Plaintiffs

 

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Advocates High Court

  

VERIFICATION

Verified on oath at Lahore this 8^th day of August 20...., that the contents of paras No. 1 to 4 are correct to the best of my knowledge and remaining paras No. 5 to 7 are true to the best of my belief.

  

Plaintiff

Download Suit for Cancelation Saty Application and Affidavit

Stay Application:

IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE.

In re:

______________ etc.   VS   _______________

 

APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 C.P.C FOR THE GRANT OF INTERIM INJUNCTION.

Respectfully Sheweth:

1.          That the petitioners have filed the above-titled suit in this Honourable Court in which no date of hearing has yet been fixed.

2.          That the contents of the plaint may kindly be read as an integral part of this application.

3.          That petitioners have made out a good prima facie arguable case in their favour and the same is likely to succeed.

4.          That the balance of convenience lies in favour of the petitioners and against the respondent.

5.          That if the interim relief as prayed for is not granted, the petitioners shall suffer irreparable loss and injury.

P R A Y E R:

       Under the above circumstances, it is, therefore, most respectfully prayed that during the pendency of the suit, the respondent may kindly be restrained from transferring, alienating, or selling the suit land to any other person in any manner whatsoever.

       Ad-interim relief may also be granted to the petitioner.

 

Petitioner 

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Dated: 09.08.20...  

Advocates High Court

      Affidavit:

Affidavit

IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE.

In re:

Mst. Zahida Begum etc.   VS   Muhammad Akhtar

APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 C.P.C FOR THE GRANT OF INTERIM INJUNCTION.

 

AFFIDAVIT OF                __________Son of___________Resident      of_______________

        I the above-named deponent do hereby solemnly affirm and declare as under:

That the contents of the accompanying application are true and correct to the best of my knowledge and belief and nothing has been concealed therein 

Deponent

VERIFICATION

Verified on oath at Lahore this 9^th day of August 2012, that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent

 Conclusion:

Now, I hope that now understand the procedure for the cancellation of the sale deed. In this article, I have tried to give the answer and overview of the legal procedure for the Cancellation of a sale deed.