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P. T. ASHA
J. Dhanalakshmi – Appellant
Versus
H. Mageswari – Respondent
JUDGMENT :
(P.T. Asha, J.)
(Prayer in S.A.No.432 of 2023: Second Appeal is filed under Section 100 of C.P.C to set aside the judgment and decree passed in A.S.No.43 of 2019 by the Sub Court, Poonamallee dated 14.12.2022 which reversing the judgement and decree passed in O.S.No.306 of 2010 by the Principal District Munsif Court at Poonamalle dated 30.01.2019.)
(Prayer in S.A.No.436 of 2023: Second Appeal is filed under Section 100 of C.P.C to set aside the judgment and decree passed in A.S.No.42 of 2019 by the Sub Court, Poonamallee dated 14.12.2022 which reversing the judgement and decree passed in O.S.No.39 of 2011 by the Principal District Munsif Court at Poonamalle dated 30.01.2019.)
The above two appeals arise in respect of a dispute relating to the same property. The two Second Appeals with their corresponding First Appeal numbers and the suit numbers are herein below set out.
2. S.A.No.436 of 2023 is filed challenging the judgement and decree in A.S.No.42 of 2019 on the file of the Sub Judge, Poonamallee which in turn has been filed challenging the judgment and decree in O.S.No.39 of 2011 on the file of the Principal District Munsif, Poonamallee.
3. S.A.No.432 of 2023 is filed cha
A rectification deed can be validly executed to correct prior settlement deeds to reflect the true intentions of the parties, provided the settlor retains authority over the property.
The court established that a settlor has the right to rectify a settlement deed to accurately reflect their intentions, especially when ambiguities lead to disputes among parties.
A registered sale deed cannot be unilaterally altered by a rectification deed, and rights established by such a deed are protected under law.
Point of law: As far as section 92 of the Evidence Act is concerned, the said provision also would not be applicable as the evidence adduced by the plaintiffs was that the document itself was never a....
Failure to challenge a settlement deed within the limitation period extinguishes rights to claim co-ownership, and prior consent can estop parties from succeeding in partition claims.
Settlement deeds executed without valid ownership rights are invalid and cannot confer any title, rendering subsequent deeds likewise unenforceable.
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