The record is taken up for passing necessary order. This is a suit for rectification of the deeds mentioned in schedule No. Kha. Perused the plaint, the deposition of the plaintiff as the P.W-01 & 02, the documentary evidence, and the materials available on the record.
Upon consideration of the materials on
record, it appears that the plaintiffs are in possession of the suit land
comprised in the schedule to the plaint. With documentary (RS khatian No. 110
& 226, the property deed No. 1097, etc.) and oral evidence (PW-01& 02)
as well as sufficient implications, it also transpires that since the
plaintiffs appear to be in the exclusive possession of the suit land since the
purchase of their predecessors, an entry of the RS plot No. 386 in the impugned
deeds appears to be contrary to the intention of both parties to the deeds,
which results from their mutual mistake. Nothing is proved to be contrary.
Accordingly, the court is constrained to hold that the plaintiffs have been
successful in proving that the writing of “RS Plot No. 386” in the disputed
deeds should be rectified in a manner that the RS plot No. 746 should be
written in the place of “the RS plot No. 386 (of the RS khatian No. 110)” in
the schedule of the landed property described in the deeds in question.
As the plaintiffs prayed for the rectification
of the suit deeds as stated above and become successful in proving their claims
as such, the deed in question deserves to be rectified in an aforesaid manner;
and thus, the suit deserves to be decreed. As such, it is decided that the
plaintiffs may get the relief as prayed for.
Court fee paid is
sufficient.
Hence, it is ordered
that the suit is decreed ex parte against the defendants without
costs. It is hereby ordered that the suit deed described in the Kha schedule to
the Plaint be rectified as prayed for.
Let a copy of this decree be sent to the
Sub-Registry Office concerned at once. The concerned Sub-Registrar is directed
to take necessary note of rectifying the suit deeds as contained in the concerned
volume of his office in accordance with the decree within 7 days from the
receipt of a copy of the same.