Format of Suit for Cancellation of Documents With Permanent Injunction

suit for cancellation of documents

Suit for cancellation of documents is a remedy provided in specific relief act 1877. This civil remedy is invoked when aggrieved party apprehend that his property is transferred without following due course of law. The specific relief act also states when and to what extent a document can be cancelled.

When cancellation may be ordered.

Section 39 of specific relief act 1877 says that; Any person against whom a written instrument is void or voidable, who has reasonable apprehension that such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or voidable; and the Court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.
If the instrument has been registered under the Indian Registration Act, the Court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.

What instruments may be partially cancelled.

Section 40 of specific relief act 1877 explain that, Where an instrument is evidence of different
rights or different obligations, the Court may, in a proper case, cancel it in part and allow it to stand
for the residue. and

Section 41 states that while deciding suit for cancellation of documents or an instrument, the Court may also require the party to whom such relief is granted to make any compensation to the other which justice may require.

Limitation In Suit for Cancellation of Documents

Article 91 & 114 of limitation act 1908 deals with the limitation period in cancellation suits. The period of limitation for a suit to cancel or set aside an instrument or decree or for the rescission of a contract is three years. The time of limitation starts when the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first become known to him.

Court Fee in Suits for Cancellation of Documents

The court fee in cancellation of documents suits is paid according according to the value of the property. Section 7 (iv-A) of court fee act 1870 says that;

For a declaratory decree regarding immovable property on the basis of alleged sale, etc.– In suits for a declaratory decree with or without consequential relief as to right in or title to immovable property based on alleged sale, gift, exchange or mortgage– according to the value of the property],

Format of Suit for Cancellation of Documents

This sample draft of suit for cancellation of documents can help you in writing best civil pleading.

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.

In the matter of:

MAF son of NKH resident of _____, Tehsil and District Rawalpindi.

…Plaintiff

Versus

  1. TJL son of FUR resident of __________, Tehsil and District Mianwali, presently residing at _______, Tehsil and District Rawalpindi.
  2. SK son of MZ r/o _______, Islamabad.
  3. AAK son of GK resident of ________, Islamabad.
  4. JI son of FM resident of _______, Tehsil and District Bhakker.
  5. AM son of MA r/o _________, Tehsil and District Rawalpindi.
  6. CA son of SK r/o _______, Tehsil and District Rawalpindi.
  7. Province of Punjab through District Collector DO(R), Rawalpindi.
  8. Sub Registrar (Rural), Rawalpindi.
  9. Tehsildar, Tehsil and District Rawalpindi.
  10. Halqa Patwari, Mauza Mohri Khatran, Tehsil and District Rawalpindi.

…Defendants

SUIT FOR CANCELLATION OF DOCUMENTS WITH PERMANENT AND MANDATORY INJUNCTION.

Respectfully Sheweth,

  1. That the plaintiff is owner in possession of property bearing Khasra Nos. ___ owner of ___ Kanals __ Marlas and ____ owner of ___ Kanals ___ Marlas total measuring ____ Kanals ___ Marlas situated at Mauza Mohri Khatran, Tehsil and District Rawalpindi.
  2. That out of the above said total land measuring ___ Kanals ___ Marlas, the plaintiff sold a share 20/4115 measuring ___ Kanal to one Mr. TJ son of KUR vide Mutation No. ___ dated ____ against the consideration amount of Rs. 35,000/- and the said mutation was sanctioned in favor of the said TJ.
  3. That in the month of May 2008 when the plaintiff went to the office of the Halqa Patwari, it came into the knowledge of the plaintiff that the defendant No. 1 with the connivance of the revenue authorities got entered frivolous and forged entries in the revenue record by way of amending the share, transferred by the plaintiff 20/4115 equal to ___ Kanal to 220/4115 share equal to ___ Kanals of land illegally, fraudulently and dishonestly and subsequently got sanctioned the mutation Nos.;

 

  1. ____ dated _____ in favor of defendant No. 2 & defendant No. 3,
  2. ____ dated _____ in favor of defendant No. 4 vide General Power of Attorney No. ____ dated ____ registered in the office of Sub Registrar Rural, Rawalpindi.
  3. _____ in favor of defendant No. 5 vide registered sale deed No. ____ dated ______.
  4. _____ in favor of defendant No. 6.

illegally, unlawfully, fraudulently, by way of forgery and fraud with the connivance of the revenue authorities.

  1. That after coming into the knowledge of the plaintiff, the plaintiff immediately contacted the defendants / revenue authorities whereby it debunk that the piece of land of the plaintiff has been fraudulently and illegally transferred in the name of defendant Nos. 2 to 6 but they have did nothing and linger on the matter on one pretext or the other.
  2. That the above stated entries, mutation, sale deed , power of attorney and all type of transactions, alienation and entries of the revenue record are unjust, illegal, unauthorized, void, null, void ab-initio and are result of misrepresentation, forgery, fraud, malice, ulterior motives, collusion with the revenue authorities concern and are in effective upon the rights of the plaintiff and are liable to be set-aside, cancelled, corrected, according to the actual ownership of the plaintiff in the land mentioned above and share transferred in favor of the defendant No. 1 i.e. 20/4115 equal to _ Kanal only.
  3. That a glaring fraud is spelled out from cursory glance of the relevant documents, hence the mutations etc are liable to be cancelled, set-aside and corrected in accordance with law.
  4. That the defendant No. 7 has been made party as the defendants No. 8 to 10 are subordinate to him and he is responsible for their acts and deeds etc and is authorized to correct the entries in accordance with law.
  5. That the said act on the part of the revenue authorities as well as defendants No. 1 to 6 is unjust, illegal, unauthorized, void, null, void ab-initio and is result of misrepresentation, forgery, fraud, malice, ulterior motives, and in effective upon the rights of the plaintiff and to deprive the plaintiff from his valuable land.
  6. That the plaintiff asked the revenue authorities as well as defendant No. 1 to 6 to admit the rights and title of plaintiff and withdrew from their illegal claims but the defendants have refused to accede the genuine request of the plaintiff, hence this suit.
  7. That now it also came into the knowledge of the plaintiff that the defendants No. 1 to 6 with connivance of the revenue authorities intends to further alienate the land, take forcible possession, raise construction and change the nature of the land.
  8. That the cause of action firstly accrued when the defendants committed fraud, forgery, misrepresentation and change the entries in the revenue record and secondly when in the month of May 2008, when the plaintiff got the knowledge of the said fraud, forgery, misrepresentation, change in entries in the revenue record which continues time by time and finally a week ago when the defendants finally refused to accede the genuine request of the plaintiff, the same is still continuing.
  9. That the property is situated within the territorial limits of this Honorable Court, cause of action also accrued here, the revenue authorities falls under the jurisdiction of this Honorable Court, hence this Honorable Court has the jurisdiction to entertain and adjudicate upon the matter.
  10. That the value of the suit for cancellation of documents for the purpose of court fee and jurisdiction is fixed as Rs. 20,000/- which is exempted from the levy of the court fee.
  11. That the plaintiff is ready to affix the appropriate Court fee, however, Rs. 20/- is affixed upon the plaint.

PRAYER

In view of above, it is most humbly prayed that:

  1. A decree for declaration in suit for cancellation of documents to the effect that the plaintiff is owner in possession of land measuring ___ Kanals ___ Marlas bearing Khasra Nos. ___ owner of ___ Kanals ___ Marlas and ___ owner of ___ Kanals ___ Marlas total measuring ___ Kanals ____ Marlas situated at Mauza Mohri Khatran, Tehsil and District Rawalpindi and the plaintiff has transferred only a share of 20/4115 out of the said land equal to __ Kanal only to one TJ son of KUR vide Mutation No. __ dated ___ and the defendants No. 1 to 6 have no right, title, interest and concern whatsoever with the suit land and all the subsequent entries, mutation, sale deeds, power of attorney against the rights of the plaintiff are illegal, unjust, un-authorize, null, void- void-ab-initio, without any lawful justification and are result of forgery, fraud, dishonestly, misrepresentation collusion with the revenue department and are ineffective upon the rights of the plaintiff and are nullity in the eye of law and are liable to be set-aside, cancelled and corrected according to the rights of the plaintiff and are only to deprive the plaintiff from his valuable rights and property.
  2. A decree for mandatory injunction in this suit for cancellation of documents directing the defendants No. 7 to 10 revenue authorities to correct the revenue record in the light of the submissions made in the main suit.
  3. A decree for permanent injunction restraining the defendants Nos. 1 to 6 to claim any right title, interest and concern whatsoever in the suit land and further transfer the land on the basis of above said mutations/ attorney/ sale deed/ entries etc in favor of any person.
  4. Further prayed that the defendants No. 1 to 6 may also please be restrained from interfering into the peaceful possession of the plaintiff dispossessing him, raising any sort of construction and changing the nature of the suit property in any manner whatsoever may kindly be passed in favor of the plaintiff and against the defendants.
  5. Any other relief, which this Honorable Court deems fit and proper may also be granted to the plaintiffs.

Plaintiff

Through

Counsel(s)

Advocates High Court,

Rawalpindi

Verification

Verified on Oath at Rawalpindi on this   day of June 2008, that the contents of the para No. 1 to 9 are true and correct to the best of our knowledge and belief and rest of the paras are believed to be true and correct.

Plaintiff

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI

MAF                 …Plaintiff

Versus

TJ etc                    …Defendants

SUIT FOR CANCELLATION OF DOCUMENTS WITH PERMANENT AND MANDATORY INJUNCTION.

APPLICATION UNDER ORDER 39 RULES 1 & 2 OF CPC READ WITH SECTION 151 C.P.C

Respectfully Sheweth

  1. That the applicant / plaintiff has filed the above captioned suit before this Honorable Court, the grounds taken in the main suit may kindly be read as integral part of this application.
  2. That the applicant/ plaintiff has good prima facie case and likely to succeed in it.
  3. That the balance of convenience also lies in favor of the applicant/plaintiff.
  4. That the applicant / plaintiff shall suffer irreparable loss, if the stay order has not been granted.

PRAYER

It is therefore, respectfully prayed that ad-interim injunction be passed in suit for cancellation of documents to restrain the defendants Nos. 1 to 6 to claim any right title, interest and concern whatsoever in the suit land and further transfer the land on the basis of above said mutations/ attorney/ sale deed/ entries etc in favor of any person. Further prayed that the defendants No. 1 to 6 may also please be restrained from interfering into the peaceful possession of the plaintiff dispossessing him, raising any sort of construction and changing the nature of the suit property in any manner whatsoever may kindly be passed in favor of the plaintiff and against the defendants till the final disposal of the main suit.

Petitioner

Through

Counsel(s)

Advocates High Court,

Rawalpindi

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI

MAF                  …Plaintiff

Versus

TJ etc.                    …Defendants

 

SUIT FOR CANCELLATION OF DOCUMENTS WITH PERMANENT AND MANDATORY INJUNCTION.

APPLICATION UNDER ORDER 39 RULES 1 & 2 OF CPC READ WITH SECTION 151 C.P.C

Affidavit

That I, MAF son of NK resident of ______, Tehsil and District Rawalpindi.

DO HEREBY SOLEMNLY AFFIRM AND DECLARE AS UNDER:-

That the contents of above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

Deponent

Verified on oath at Rawalpindi on this        day of June 2008 that the deposition is true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

Deponent

 

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1 Response

  1. Amer Khurshid says:

    Dear Sir,
    I am Amer Khurshid (Advocate) and wants to practicing the legal drafting.

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