Limits of Property Rectification Deeds and Pleadings Under Indian Civil Law
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Case: VENKATESHA v. K.M. VENKATAMUNIYAPPA SINCE DEAD BY HIS LRS.
Court: Supreme Court of India
Date: 14-07-2026
Law: Code of Civil Procedure, Transfer of Property Act, Specific Relief Act.
Highlights of the Judgment:
- Scope of Section 26 of the Specific Relief Act, 1963 regarding the limits of rectifying a registered instrument.
- Application of the doctrine of feeding the grant by estoppel under Section 43 of the Transfer of Property Act, 1882.
- The requirement of the original transferor's participation in executing a valid rectification deed.
- Adherence to the rule that courts cannot grant reliefs outside the scope of the parties' pleadings.
- The evidentiary value of a plaintiff's admission during cross-examination regarding property identity.
- Limits of High Court jurisdiction under Section 100 of the Code of Civil Procedure, 1908.