As per case facts the original plaintiff executed a Sale Deed for his agricultural land which was charged to a Cooperative Society for a loan to the original defendant who ... in turn sold a portion of the land to a subsequent purchaser The plaintiff after repaying the loan and having the charge released filed a suit seeking reconveyance claiming the initial Sale Deed was void because it was executed without the Society's prior sanction as mandated by the relevant State Act The Trial Court decreed the suit but the Single Judge and Division Bench of the High Court later dismissed it upholding the conveyance as the charge was subsequently removed and the suit was brought by the wrong party The question arose whether an alienation of charged property made by a member-loanee without the Cooperative Society's prior permission is void ab initio and whether the loanee can claim nullification of his own wrongful act when the Society itself has not challenged the transaction Finally the Court held that the alienation being in contravention of the Act is voidable and not void ab initio as the right to seek its nullification rests solely with the aggrieved party the Society whose financial interest was protected by the loan being fully repaid the plaintiff cannot be allowed to benefit from his own wrong and thus the appeal was dismissed

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