Shirish Pawar and Associates
Shirish Pawar and Associates
Oct 17, 2021
RECTIFICATION OF SALE DEED WHERE MISTAKE IS OF ONE PARTY   The correction of sale deeds was sought on the ground that appellant had committed a mistake while mentioning description in sale deeds.   Court observed that, it is the duty of both the parties to the contract for sale, to take care while mentioning description of properties in the sale-deed. Thus if there is any mistake in description of properties or boundaries in sale deed the same cannot be said to be mistake of one party and not of both the parties to such contract.   In the present case there is mere misdescription and not a mistaken property as there is no doubt as to the identity of the property purchased by the appellant but there is only misdescription of property that could be treated as irregularity. It is not a mistake which is essential to the agreement therefore section 20 of Indian Contract Act would not apply.   Likewise, if there is mistake in the description of property or boundaries in sale deed the same cannot be said to be or considered to be a mistake of one party and not of both the parties to the contract, therefore section 22 of contract act would also not apply in the present case.   Section 26 states that, either party may institute a suit to have instrument rectified therefore court hold that, plaintiff is entitled for relief of rectification of description of property as sought in the suit.   Varsha Deshmukh vs. Gahamshyam Goenka, S.A.No. 121/2005, Nagpur  
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