Sale deed - wrong survey number mentioned - rectification - no limitation - Sub Registrar is not necessary party in suit for rectification of sale deed

Citation

2019 (1) MWN (Civil) 378 (Mad)

IN THE HIGH COURT OF MADRAS

T. Rayindran, J.

S.A. No.24 of 2015.

October 10, 2018

Duraisamy; Nagesh; Gemini @ Ganeshan                                                       ... Appellant

 

                                                                                ...VS...

Saravanakumar                                                                                                  ....Respondent

 

SPECIFIC RELIEF ACT, 1963 (47 of 1963), Sections 26, 34 & 35-LIMITATION ACT, 1963 (36 of 1963)-Suit for rectification of Sale Deed-Declaration of title -When need not be sought for Whether Suit seeking rectification is barred by limitation of 3 years - Computation of In Sale Deed executed by Defendant in favour of Plaintiff's father in 1986, wrong Survey Number had come to be written, which was noticed only when Suit property came to be settled in favour of Plaintiff in 2009 Knowledge of mistake was noticed only In 2009 hence, Suit is not barred by limitation Defendant has admitted to fact that Plaintiff and his parents continue to be in possession from date of execution It is also not case of Defendant that he owns land in question Hence, title not being disputed, Suit for rectification under Section 26 without seeking for Declaration maintainable Marimuthu v. G. Kumaraswamy, 1996 (2) LW 243, followed It was merely mistake, which had crept in due to inadvertence Plaintiff entitled to Suit prayer as prayed for Lower Appellate Court rightly decreed Suit- Appeal dismissed. [Paras 10 to 12]

CASES REFERRED