K.RISHKESHAVAN Vs. S.PERUMAL

JUDGEMENT

(1.) This matter is taken up for hearing through Video-Conferencing.

(2.) The plaintiff sought for declaration on the ground that the suit property measuring a larger extent of 39 cents in Survey No:12/12 belonged to one Ponnukannuammal wife of Devaraj Naicker. Out of the said 39 cents, 18 cents of land was acquired for road widening in the year 1992. The said Ponnukannuammal sold the remaining 21 cents to the plaintiff on 15.11.1994. It is also claimed that patta was granted to the plaintiff. It is the further contention of the plaintiff that the defendants owned an extent of 21 cents in Survey No.12/9 by virtue of their purchase under a Sale Deed dated 26.02.1976. According to the plaintiff, the sale Deed dated 26.02.1976 gave the Survey number of the property sold as 12/12 instead of 12/9. Therefore, the sum and substance of the claim of the plaintiff was that though the defendants purchased the land in Survey No.12/9 from Ponnukannuammal, there was a mistake in the Sale Deed and the Survey number of the land sold was given as 12/12.

(3.) The defendants would resist the suit contending that the claim that there was a mistake in the Sale Deed dated 26.02.1976 is false. According to the defendants, they purchased an extent of 21 cents from Ponnukannammal in Survey No.12/12 within specific boundaries as early as on 26.02.1976 and therefore, Ponnukannammal had no right over the land in Survey No.12/12 to convey on the date of the Sale Deed in favour of the plaintiff i.e., on 15.11.1994. The defendants sought to buttress their contention by pointing out that Ponnukannuammal, had sold an extent of 21 cents in survey No.12/9 in the year 2008 under Ex.B1 Sale Deed. According to the defendants, the claim of mistake is belied by the execution of Ex.B1 Sale Deed by the vendor of the plaintiff.