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Showing contexts for: rectification of deed in Varadaraju V vs Chithrashekar N B on 17 March, 2026Matching Fragments
5. After execution of registered sale deed, the plaintiff got entered his name in the records of the BBMP and he paid taxes in respect of the said property till the year 2018-19. Since there were certain typographical errors in the sale deed dated 26-9-2018, rectification deed was executed on 15-2- 2019.
6. The defendant is claiming a right by virtue of sale deed dated 16.11.2006 alleged to have been executed by Kushalappa. The said sale deed is a void sale deed as the defendant and his predecessor in title are claiming title in respect of suit property by virtue of possession certificate issued by Malleswaram Tailoring Co-operative Society Limited. On the basis of possession certificate issued by Malleswaram Cooperative Tailoring Co-operative Society Limited, the predecessor in title of the defendant went on executing sale deeds which are all void documents.
O.S.No.3427/2019
13. The rectification deed has came into existence only in order to fill up the lacuna in the earlier deed and the sale deed came into existence after filing the earlier suit. The so- called vendor had no authority to execute this rectification deed in favour of the plaintiff. The defendant is absolute owner of the property and he has been in possession of the property from the date of purchase. There is no cause of action.
(xii) ExP-3 to 13 are assessment extract from 09.10.2018 onwards. ExP-14 is sale deed executed in favour of plaintiff. ExP-15 is rectification deed after lapse of 6 months. The suit was filed 12.04.2019. ExD-29 order sheet in O.S.No.1052/2019 shows that, suit was registered on 07.02.2019. After knowing the defects, ExP-15 rectification deed has been executed on 15.02.2019.
(xiii) In ExP-17 measurement is shown as East-West: 30 feet and North-South: 52 feet, but in ExP-1 and 2, it is shown as East-West: 52 and North-South: 30 feet. ExP-23 is produced by plaintiff, to show that, liquidation proceedings initiated as Malleshwaram Co-operative Society is not properly functioning. The said order passed on 04.01.2002 and allotment to vendors of defendant is much earlier as per ExD-
56. PW-1 admitted that in Ex.P1, none of the witnesses have not signed and the space is left blank. He further admitted that he does not possess any document to show that site No. 22 was carved out of Survey No.84. He also admitted that Survey No.84 is mentioned in the GPA as well as in the schedule.
57. PW-1 admitted that Ex.P15 is a rectification deed dated 15-02-2019. He further admitted that in Ex.P14 schedule, Munichenna and Bhagya have signed as consenting witnesses, but they are not signatories to the rectification O.S.No.3427/2019 deed (Ex.P15). However, he denied the suggestion that they did not sign Ex.P15 because they had not consented to it.