Claiming Title Without Seeking Relief of Cancellation of Sale Deed: Prevailing Legal Position

The law regarding the claim of title by a party without seeking the relief of cancellation of the sale deed is well established. The settled legal position in this regard has been reiterated by the Supreme Court in Murugan and others Vs. Kesava Gounder (Dead) Thr. Lrs. and Others, 2019 SCC Online SC 270, where the Supreme Court relied upon the earlier decision in the case of Vishwambhar V. Laxminarayan (Dead) Through Lrs., (2001) 6 SCC that the plaintiff should seek the relief of cancellation of the sale deed before making any claim in respect of suit properties sold. The law in this regard was also held by the Karnataka High Court in the case of Chikkathamaiah and others vs. Chikkahutchiah and others, AIR 1977 Karnataka 99, wherein on facts that ancestral property was sold by the father and when after his death, suit was filed by sons for declaration of title and injunction without seeking relief of cancellation of sale deed, it was held that in absence of any relief sought for cancellation of sale deed, the plaintiff was not entitled to any relief.

The Court has also made it clear that it cannot make out a case not pleaded. This was held in the case of Union Of India v. Ibrahim Uddin And Another, 2012 ALLMR SC 5 462 by the Supreme Court which placed reliance on a variety of its earlier judgments including Messrs. Trojan & Company v. Rm. N.N Nagappa Chettiar, AIR 1953 SC 235, Om Prakash Gupta v. Ranbir B. Goyal AIR 2002 SC 665, Ishwar Dutt v. Collector (LA) AIR 2005 SC 3165 and State Of Maharashtra v. Hindustan Construction Company Limited AIR 2010 SC 1299, and held that relief not founded on the pleadings cannot be granted. Bachhaj Nahar v. Nilima Mandal AIR 2009 SC 1103d also held that a case not specifically pleaded can be considered by the court unless the pleadings in substance contain the necessary averments to make out a particular case and issue has been framed on the point. In the absence of pleadings, the court cannot make out a case not pleaded, suo motu.

Thus, in sum, it is pertinent to note that any suit for declaration of title and injunction without seeking the relief of cancellation of the sale deed, the plaintiff will not be entitled to any relief. It is therefore, important that any suit of a similar nature must contain the necessary pleadings and reliefs for cancellation of the sale deed in order to get the desired relief. The Court too, cannot make out a case not pleaded and will not entertain any evidence taken on record in the absence of pleadings.

-Kunal Sinha