The record is taken up for passing the necessary order. This is a suit for the cancellation of the deed. Perused the plaint, deposition of the plaintiff as P.W- 01, the documentary shreds of evidence, and the case record.
Upon consideration of the materials on record, it appears that the plaintiff’s case has been proved by evidence as well as sufficient implications that the defendant executed the suit deed by practicing fraud upon the plaintiff who never intended the same to be executed. It appears that the deed in question is yet to be acted up, and the concerned U.P. building, which was purported and purposed to be built thereon, is actually built in a place otherwise than the suit lands. Besides, the PW-01 claimed that they are in possession of the suit land comprised in the schedule to the plaint. Nothing is proved to be contrary. So, it is proved that the deed is yet to be acted upon against the plaintiff. It is well settled that a deed that is voidable at the option of the person is legally liable to be canceled if the very person invokes the court jurisdiction for the same. The plaintiff prays here for the cancelation of the suit deed. So, it appears that the plaintiff has proved his case, and thus, the suit deserves to be decreed. As such, it is decided that the plaintiff may get the relief as prayed for.
The court fee paid is
sufficient.
Hence, it is ordered
that the suit is decreed ex parte against the defendant without
costs. The suit deed as scheduled to the plaint is hereby adjudged to be
voidable and accordingly, the same is cancelled.
Let a copy of this decree be sent to the
Sub-Registry Office concerned at once. The concerned Sub-Registrar is directed
to take note of its cancellation on the copy of the suit deed contained in the
concerned volume of his office.