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2024 Supreme(Online)(DEL) 22791
HIGH COURT OF DELHI
Dharmesh Sharma, J
RE-GREEN HILLS PLANTATION LTD. – Appellant
Versus
.... – Respondent
CO.PET. 74/2001
KS NEGI
Rectification of a sale deed can be ordered without the seller's presence if the property's identity is undisputed.
Headnote:(A) Relevant laws and sections not explicitly cited but involve property law principles regarding rectification of sale deeds.
(B) Legal principle established is that rectification of a sale deed can occur without the seller's presence if the property identity is not in question.
(C)
Facts of the case:
The Official Liquidator sought rectification of a sale deed due to an error in the Khasra number for land in Bijnor, Uttar Pradesh.
(D)
Findings of Court:
The court directed the Sub-Registrar to rectify the sale deed based on revenue records without requiring the seller's presence. (E)
Issues: The main issue was the insistence of the Sub-Registrar on the seller's presence for rectification. (F)
Ratio Decidendi: The court reasoned that the identity of the property was clear, thus allowing rectification without the seller's presence. (G)
Result: The application is allowed, and the Sub-Registrar is directed to rectify the error within four weeks.
1. Ms. Sangeeta Chandra, learned Standing Counsel for the Official Liquidator has alluded to the previous order dated 05.10.2023 passed by this Court, the relevant extract of which is as under:-
- “6. In addition, it is submitted that there is a third piece of land being Khasra No.246/3/3 Village Motadhak, Bijnor, Uttar Pradesh ad measuring 0.337 Hectare. In the sale deed of the said land, there appears to have been an error in the Khasra number, which is recorded wrongly as 246/313 whereas in the Khatoni it is recorded as Khasra No.246/3/3. Thus, the sale deed dated 20th March, 1995 needs to be rectified.
7. The OL has sought a direction to the concerned Tehsildar/SubRegistrar,who is insisting upon the presence of the seller, for rectification in the sale deed. Considering that the sale deed dates back to 1995 and the identity of the property itself is not in question, it is directed that the error in the sale deed be rectified to Khasra No.246/3/3 Village Motadhak, Bijnor, Uttar Pradesh without insisting on the presence of the seller.
8. This order shall be given effect to by the concerned Tehsildar/SubRegistrar within four weeks, after which the OL is free to take steps for disposal of the said land, by moving an application with the draft sale notice etc.”
CO.PET. 74/2001
2. It is submitted that a fresh application has been filed on behalf of the Official Liquidator regarding the action taken thereafter, but the same is not on record. Anyhow, a hard copy of the same is placed on the record.
3. In short, it is submitted that the Tehsildar/ Sub-Registrar is not co-operating and he is insisting the presence of the seller and submission of other documents for rectification of the error in the description of the property in the sale deed.
4. Accordingly, the present application is allowed and the Sub- Registrar, Nazibabad, Bijnor, State of Uttar Pradesh is directed to rectify the error in the sale deed dated 20.03.1995 based on the revenue record entries in the Khatouni for the land situated at Khasra No.246/3/3 Village Motadhak, Bijnor, State of Uttar Pradesh, ad measuring 0.337 Hectare.
5. The needful be done within four weeks from today, failing which coercive steps shall be instituted against the Sub-Registrar concerned, for defying the orders of this Court. Let an updated Status Report be filed within six weeks from today.
6. Re-notify on 27.08.2024.
7. Let the digitized format of the application with annexures be placed on the record by the Registry.
