Court : Punjab and Haryana
Reported in : (1996)113PLR272
..... land situated on the southern side of the rajawaha was somehow mentioned in the sale deed dated 5.1.1981. section 26 of the specific relief act deals with the rectification of the instrument. as per section 26(1) of the act when through fraud or mutual mistake of the parties, a contract does not express their real intention then either parly can institute a ..... on 5.1.1981. the rights of the parties flow from this document. even if it be taken that the instrument could be rectification on account of fraud or mutual mistake in terms of section 26(1) of the specific relief act, cause to sue for such rectification/declaration accrue to the parties on 5.1.1981 in terms of section 58 of the limitation ..... . the plaintiff if at all could bring the suit, the same at best could be filed for rectification of the sale deed in terms of section 26 of the specific relief act and that too within the period of limitation. no suit having been filed for rectification of the registration of sale deed the present suit was wholly misconceived and so the judgment and decree ..... act. the suit having been filed after the period of limitation was not maintainable.9. in view of the findings on material issue of fraud .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1988P& H88
..... deed. in such circumstances, the vendees could well approach the court under section 26 of the specific relief act for rectification of the sale deed. instead of resorting to the court for rectification, the parties mutually agreed to execute a rectification deed, that is exhibit p-8. this document, therefore, cannot be said to be ..... two deeds, the original sale deed and the rectification deed. reliance by the learned counsel on s. 93, is, therefore, wholly misplaced. even if it may be accepted for the sake of argument ..... as extraneous evidence meant to supply any defects as envisaged under section 93. being a deed of rectification, it forms part of the original sate deed and the sale transaction, in the present case, would be deemed to have been completed through these ..... nos. 4280 and 4281 were not incorporated in the sale deed. when this mutual mistake was discovered by the parties, respondent no. 3 executed the rectification deed, ext, p-8, in their favour on september 11, 1963. the plaintiffs are in possession of the whole land measuring 39 bighas 8 biswas ..... evidence relied upon was inadmissible in evidence. so far as exhibit p-8 is concerned, the learned counsel relied on section 93 of the evidence act, which provides that when the language used in the document is, on its face, ambiguous or defective, evidence may not be given of facts .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1996SC620; (1996)130CTR(SC)112; 217ITR699(SC); JT1995(8)SC364; 1995(6)SCALE517; (1996)7SCC349; Supp5SCR300
..... .later on the settlor company filed a suit being suit no. 40 of 1945 in the court of civil and sessions judge, kanpur under section 31 of the specific relief act, 1877 for rectification of the trust deed so as to bring it in conformity with its real intention to create a public charitable trust. it was alleged in the plaint that having ..... changes in the objects of trust which had become a public trust. on the facts of the present case section 31 of 1877 act (specific relief act) or the corresponding provisions of section 26 of 1963 act could be effectively invoked for rectification of the instrument of trust. such a court does not suffer from any inherent lack of jurisdiction, like the city civil court ..... in our view the aforesaid decision of the delhi high court lays down the correct legal position in connection with proceedings for rectification of instruments like trust deeds, initiated before competent civil courts under the relevant provisions of the specific relief act.17. in the case of laxminarain lath trust v. commissioner of income-tax a division bench of rajasthan high court speaking ..... is concerned the relevant provision is found in section 26 of the specific relief act, 1963 which had succeeded the prior specific relief act of 1877. under the earlier act an analogous provisions was found in section 31 of the act. as per these provisions a suit could be filed before competent civil court for rectification of an instrument when through fraud or a mutual mistake of the .....Tag this Judgment!
Court : Allahabad
Reported in : 81ITR557(All)
..... duties mentioned therein.5. subsequently, the j. k. cotton and spinning and weaving mills co. ltd. instituted a suit, suit no. 40 of 1949, under section 31 of the specific relief act for rectification of the deed of trust dated 27th of october, 1941, executed by the company and the singhania brothers. in the plaint it was mentioned that under clause 3(19) of ..... on the ground that the court had no jurisdiction to grant it when the circumstances mentioned in section 31 of the specific relief act did not exist. the decree for rectification was obtained in a collusive manner, and that the civil court could not rectify the trust deed in such a manner that it went beyond the scope of the memorandum ..... charitable and public purposes which was not permissible under the memorandum of association and to see whether the rectification ordered by the court can be said to be invalid on that ground. in our opinion, while rectifying an instrument under section 31 of the specific relief act, the thing which the court is required to examine is whether on account of fraud or mutual ..... deed was challenged was that in allowing rectification the court went beyond the objects mentioned in the memorandum of association, which could not be done in law. the ground that there was no material before the court on which it could come to a conclusion that the conditions mentioned in section 31 of the specific relief act did not exist was not taken. the .....Tag this Judgment!
Court : Orissa
Reported in : AIR2006Ori131; 103(2007)CLT118
..... suit land particularly when the ratification deed ext. 3 was available to clarify the issue. according to him, the rectification deed, ext. 3 was never hit by section 52 of the transfer of property act as section 26 of the specific relief act permits amendment and rectification even during pendency of the suit. in support of his contention, he relied on the cases of raipur . v ..... was not proper for the courts below to reject ext. 3. section 26 of the specific relief act speaks as to when an instrument may be rectified. it reads thus:26. when ..... part of patta no. 23, plot no. 115/10 and accordingly refused to rely on the rectification deed ext. 3. this rejection of ext. 3 is now under serious challenge in this appeal.9. according to mr. mishra as per provision of section 26 of specific relief act, rectification of mistake in a document is permissible even during pendency of the suit and so, it ..... , s. plot no. 115/10 and those vendors have not come forward to certify that it was a mistake. in such a situation the provision of section 26 of the specific relief act is hardly applicable. the ratio in the cases raipur . v. joolaganti venkatasubba rao veerasamy & co. (supra) and sk. jalil v. mirza saha (supra) are also not applicable as the facts .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1958Raj276
..... the senior civil judge, jodhpur, dismissing a part of their claim in a suit brought under section 31 of the specific relief act for (1) a rectification of the boundaries of the mortgaged property in mortgage-deed dated 1-4-46, (2) a rectification of the boundaries of the mortgaged property given in the plaint in mortgage suit no. 47/48-49 brought in the ..... v. joge-shwar ray, (c). we would like to point out that section 31 of the specific relief act provides that an instrument can only be rectified when the rights acquired by a third person in good faith and for value are not affected by such rectification. in the present case the rights of any third party are not affected.14. the course suggested ..... proceeds thus :'in principle, the answer should clearly be in the affirmative, for as neville, j., observed in thompson v. hickman, 1907-1 ch 550 (e), to grant relief by way of rectification where the error has crept into one document and refuse it where it is embodied in two, is inconsistent with equitable principles, for equity regards the substance rather than ..... the period of limitation prescribed under article 96 of the limitation act.10. we accordingly hold that the cross-objection is without force.11. now we come to the appeal preferred by the plaintiffs. the proper relief which they should have asked besides the rectification of the mortgage-deed should have been the rectification of the decree. instead of asking for it they have .....Tag this Judgment!
Court : Chennai
Reported in : (1984)41CTR(Mad)192; 149ITR624(Mad)
..... court originally and later the supreme court negatived the claim for exclusively for charitable purposes. thereafter, the founder of the trust filed a suit under s. 26 of the specific relief act, 1963, for rectification of the trust deed by deleting the offending clauses. the civil court granted a decree and directed that the trust deed will stand rectified with effect from its very ..... , however, the court proceeded on the basis that the court had the requisite power to recitify the trust deed on the ground of mutual mistake under the provisions of the specific relief act. but here, the suit has been filed under s. 92 of the code of civil procedure. therefore, the question is, whether the civil court had the power to rectify the ..... set out in the trust deed as amended, and, therefore, whatever might be the correctness or otherwise of the order passed by the civil court under s. 26 of the specific relief act, 1963, it was not open to the ito to say that the trustees could administer the trust in accordance with the original deed and that the claim for exemption had ..... words 'and outside' in cls. 'd' and 'e' and clauses 'k', 'i' and 'o' is that they are not in conformity with the i.t. act to merit exemption out in the plain that though a rectification deed was made by the trustees under the impression that they had the right to do so, the trustees had no power to rectify and .....Tag this Judgment!
Court : Delhi
..... the boundaries in the booking receipt and in the sale deed; (c) that there is no limitation for execution of a rectification deed and there can be limitation only for institution of a suit under section 31 of the specific relief act for rectification of a document; (d) that here there was no dispute between the vendors of the appellant/plaintiff and the appellant/ ..... plaintiff and hence the rectification deed was executed; (e) that the documents of title set up by the respondents/defendants in their favour ..... down that title may be established without rectification of an instrument also; (g) reliance is also placed on balaprasad asaram charkha vs. asmabi air1954nagpur 328 (db) laying down that a suit for possession of immovable property can be maintained even without getting the document rectified by filing a suit under section 31 of the specific relief act, 1963; (h) that it is not ..... deprecated but i have perused the said judgments and find them to be concerning claims in court for rectification of documents and to which claims the limitation act applies and on the aspect of requirement of pleading of mutual mistake or fraud for such relief and both of which aspects have no applicability to the present controversy. reference may however be made .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1974AP201
..... stage, the mortgagee decree-holder discovered that there was a mistake in the survey number. the mortgagee thereupon filed a suit under section 31 of the specific relief act for rectification of the mistake in the suit o. s. 302 of 1919. the said suit was decreed as the mention of survey number 166 was done by ..... of the mortgage. on those facts the learned judges held that the remedy of the petitioner was only to file a suit under section 31 of specific relief act for rectification of the deed and not to file an application under section 152 of the c. p. c. the learned judges observed as follows:--'i am ..... c. in such cases even the documents on the basis of which the suit was filed may be amended either in a suit under section 31 of the specific relief act or in a proper case even by an application under section 152 c. p. c. provided it in a case of misdescription and not one of ..... remedy by way of suit and i find nothing in the provisions of section 152 which confers upon it similar powers as are conferred by section 31, specific relief act. in my view section 152 is for the purpose of correcting errors directly involved in the proceedings themselves and not for correcting errors which are anterior ..... to have the error set right. the above bench have distinguished the decision in air 1948 mad 13 on facts stating that it related to the rectification of the document itself.21. it may also be mentioned here that a suit still continues even after the preliminary decree and it is only after .....Tag this Judgment!
Court : Allahabad
..... relied upon with regard to factual matrix and rectification is permissible only on limited ground subject to condition that the ingredients stated in section are satisfied ..... (section 26 of the specific relief act). similarly, in the present context, unless the application is moved under order xli rule 27 and ..... and not even before the high court, despite the fact that the tribunal had specifically made comments in this regard in its judgment." in (2010)11 scc 514 subhadra and others versus thankam, while considering the significance of pleading and its rectification under specific relief act, their lordships held that the finding recorded by the subordinate forum ordinarily should be ..... has filed an affidavit, in response to which he has been examined orally by the defendant's counsel. in absence of examination-in-chief, proceeding vitiates. specific query was made by the court whether the appellant or the respondents had raised objections and took a plea that the tribunal should record examination-in-chief, the .....Tag this Judgment!