SAHU MUNNA LAL Vs. MAHTAB

JUDGEMENT

(1.) This second appeal arises out of a suit brought by the plaintiffs-appellants for cancellation of a certain sale-deed executed by one party of the defendants in favour of another party of the defendants and for possession of the grove which formed the subject-matter of the sale-deed. Both the lower Courts allowed cancellation of the sale-deed in so far as it purported to sell the land of the grove but rejected the rest of the suit. The appellant comes in second appeal saying that the deed should have been cancelled in toto and possession given to him.

(2.) I may point out that the decree for cancellation of the sale-deed in so far as it purported to sell the land of the grove was not a proper one. A written instrument under Section 40, Specific Relief Act, can be cancelled in part, but that is not what has been done here.

(3.) What in effect is intended is that the deed shall be declared not to be operative against the plaintiff so far as it purports to transfer the right of absolute ownership in the land.