AIR 1972 ALLAHABAD 376

Allahabad High Court

Hon'ble Judge(s): O. P. Trivedi , J

Specific Relief Act (47 of 1963) , S.31(1)— Cancellation of instruments - Requisite conditions - Whether decree can be passed on the basis of possession. Possessory title may avail a person for securing a decree for possession against a rank trespasser on the principle that he is in the eyes of the court at least in possession of the property when the trespasser had no right to dispossess him and to deprive him of possession. But possession in itself or for that matter a possessory title does not entitle a person to a decree for cancellation of a written instrument unless all the three ingredients of Section 31 are established, namely. (1) that the plaintiff was such, a person against whom the instrument was void or voidable; (2) that the plaintiff could entertain a reasonable apprehension that if such instrument is left out-standing, it may cause him serious injury, and (3) that the court must adjudge the instrument void or voidable. AIR 1960 Mad 1 (FB) and AIR 1954 Raj 170. Rel. on.(Para 4 6) It is only in the case of instruments which are either executed by a party or which purport to have been executed by a party or by a person who can bind him that the relief under Section 31 can be claimed in law because in such cases only it can be said that there is a cloud on his title and an apprehension that if t....