30 June 1949 Sale Deed >> Personal Law   |   Property/Real Estate Law >> Property & Real Estate  

A recent court case highlights the importance of clear descriptions in property sale deeds. The case involved a dispute between a plaintiff and a defendant (Sampat) over possession of two plots of land.

Background:

The crux of the issue stemmed from a mistake in the sale deeds. The seller, Ramkisan, intended to sell separate plots (survey numbers 13/5 and 14/5) to the plaintiff and defendant respectively. However, the plot numbers were mistakenly interchanged in the drafted sale deeds. The plaintiff, believing he had purchased plot 13/5, sued the defendant to claim possession of that land. The defendant, however, argued that a mutual mistake had occurred and that he had rightfully taken possession of plot 13/5, the property he intended to buy.

Trial and Appeal:

The trial court initially sided with the plaintiff. However, the appellate court reversed the decision. The court found the mistake in the sale deeds to be valid and that both parties relied on their intended purchases, not the inaccurate descriptions in the documents.

Key Legal Points:

The appellate court's decision hinged on several legal principles:

• Oral evidence was admissible to prove the mistake in the sale deeds.
• Even without rectification of the deeds, the mistake did not extinguish ownership of the intended properties.
• The defendant's possession based on the sales contract was protected by law.

Conclusion:

The appeal was dismissed, allowing the defendant to keep possession of the plot he had been occupying (plot 13/5). This case serves as a reminder for both buyers and sellers to carefully review property descriptions in sale deeds to avoid such misunderstandings. It also emphasizes that even in cases of mistaken descriptions, legal recourse is available to ensure rightful ownership.

  Specific Relief Act, 1877    Limitation Act, 1963    Indian Contract Act, 1872    Indian Evidence Act, 1872