https://www.taxtmi.com/caselaws?id=297001 Cancellation under Section 39 of the Specific Relief Act was unavailable because the plaintiff failed to prove fraud, real legal injury, or any basis for treating the surrender deed as void or voidable, and he had derived benefit from the transaction. Declaratory relief under Section 42 also failed because the plaintiff, having been a party to the surrender and the later sale-deeds and having accepted consideration, could not repudiate the instruments merely by alleging they were disadvantageous or part of a device. The challenge to the surrender deed and subsequent alienations therefore failed, and dismissal with costs was upheld. en-us Fri, 12 Mar 1937 00:00:00 +0530 Sat, 14 Aug 2021 12:47:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297001 Cancellation under Section 39 of the Specific Relief Act was unavailable because the plaintiff failed to prove fraud, real legal injury, or any basis for treating the surrender deed as void or voidable, and he had derived benefit from the transaction. Declaratory relief under Section 42 also failed because the plaintiff, having been a party to the surrender and the later sale-deeds and having accepted consideration, could not repudiate the instruments merely by alleging they were disadvantageous or part of a device. The challenge to the surrender deed and subsequent alienations therefore failed, and dismissal with costs was upheld. Case-Laws Indian Laws Fri, 12 Mar 1937 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297001