Rectification of a legal document is imperative if the actual intention of the parties involved in a transaction is not reflected in the registered deed, the Jharkhand High Court has ruled. Only after the rectification, the entries can be corrected in revenue records, the high court said.
“If due to mutual mistake of the parties, in any instrument, their real intention is not expressed, a suit may be instituted to have the instrument rectified. In this case, as per the petitioner, a mistake has cropped up in the registered instruments, in relation to the plot numbers, was due to mutual mistakes. Until and unless the said instrument is rectified and the plot numbers in the deeds and in the instruments are corrected, the petitioner will not be benefited. There has to be a declaration to the effect that the recording of plot numbers in all the documents / instruments is wrong and the same needs to be corrected,” the court said.
“Further, there has to be another declaration to the effect that what is the correct plot numbers. These declarations can be made only after proper evidence is led, since these issues are factual. These declarations can only be given by a Civil Court of competent jurisdiction and none else,” it added.
“It is true that the revenue authorities undertook an enquiry and found that there is error in the recording but that finding does not confer jurisdiction upon the revenue authorities to correct their records,” it further added.
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