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Hemalatha (D) By LR’s. vs. Tukaram (D) By LR’s. & Ors. (SC)

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Declaration of Sale deed null and void–Legal aspects–A person alleging that a registered deed is sham must satisfy a rigorous standard of pleading by making clear, cogent, convincing averments and provide material particulars in his pleadings and evidence–The test akin to a test under Order 6, Rule 4 CPC is applicable to such a pleading and clear drafting creating illusion of cause of action would not be permitted and a clear right to sue would have to be shown in the plaint.