Declaration & Cancellation of Sale–Specific Relief Act, 1963–Secs. 55(4) (b) & 12–Judgment was reversed by the Appellate Court–Justification–Possession has been transferred to plaintiff in the capacity of the owner–Nothing remained to be paid by the plaintiff–He took the property with encumbrances when the first defendant was in trouble due to liabilities–Use of “khubzul badlain” in the facts of the case cannot be conclusive–Sale deed refers to various mortgages executed by the first defendant for getting the money–Further, there was no reason for the defendant to unilaterally execute a document of cancelation of sale deed–Impugned judgment passed by the High Court is liable to be set aside.
