Section 31 Specific Relief Act: Not mandatory for third party, against whom a sale deed is void, to seek its cancellation, observes S

NEW DELHI The Supreme Court in the case SK.

Golam Lalchand Versus Nandu Lal Shaw@ Nand Keshri @ Nandu Lal Bayes & Ors observed that as per section 31 of the Specific Relief Act, 1963, SRA, it is not mandatory for a third party, against whom a sale deed is void, to seek its cancellation.

The court stated that when a sale deed is being wexecuted between the parties, a third person who was not party to the sale and was affected by the sale deed cannot be asked to file a separate application wherein it seeks cancellation of the sale deed under Section 31 of the Specific Relief Act, 1963, SRA.

In the present case, the dispute relates to the legality of a co-owner's act to sell the entire joint family property to the subsequent purchaser, herein the Appellant via a sale deed without authorization from other co-owners, herein the Respondent and when the said property transfer took place in favor of the appellant, the co-owner's share in the property remained undetermined.