1994 (10) TMI 327

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....h Court in R.F.A. No. 59 of 1978 dated February 26, 1979. The plaintiff-appellant filed the suit for declaration that she is the absolute owner and is in possession of the house bearing old Municipal No. 5925 and new Municipal No. 4477, Ward No. XI, situated at Plot No. 7/18, Darya Ganj, Delhi. She claimed to have purchased the property from one Kaushalya Devi under a sale deed dated May 11, 1946 ....

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....imitation Act, 1963, relied on by the appellant herself, postulates that to cancel or set aside an instrument or decree or for the rescission of a contract, the limitation is three years and it begins to run when the plaintiff entitles to have the instrument or the decree cancelled or set aside or the contract rescinded first become known to him. As seen, when the appellant had knowledge of it on ....

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....uted for valuable consideration to discharge pre-existing debts and it is a registered document. Apart from the prohibition under Section 92 of the Evidence Act to adduce oral evidence to contradict the terms of the recital therein, no issue in this behalf on the validity of the sale-deed or its binding nature was raised nor a finding recorded that the sale-deed is void under Section 23 of the Con....