AIR 1988 PUNJAB AND HARYANA 88 ::1988 RevLR 307 ::(1987) 91 Pun LR 610

Punjab And Haryana High Court

Hon'ble Judge(s): S. P. Goyal , J

(A) Evidence Act (1 of 1872) , S.93— Arabiguous document - Khasra numbers not given in original sale-deed due to @page-PunjHar89inadvertent mutual mistake - Parties executing rectification deed by mutual agreement - Rectification deed is not extraneous evidence as contemplated by S.93 - Admissible. Where the parties in fact, entered into a sale respecting some land, but by inadvertent mutual mistake two khasra numbers were not mentioned in the sale-deed, instead of resorting to the Court for rectification under S.26 of the Specific Relief Act, the parties mutually agreed to execute a rectification deed, such document could not be said to be an extraneous evidence meant to supply any defects as envisaged under S.93. Being a deed of rectification it formed a part of the original sale deed and the sale transaction would be deemed to have been completed through two deeds, the original sale deed and rectification deed.(Para 5) (B) Civil P.C. (5 of 1908) , S.100— Concurrent finding of fact - Finding on question of possession of property - It is finding of fact - High Court will not reappraise evidence on ground that evidence consisting of revenue record was not properly appreciated and disturb that finding. (Para 7) ....