JOSEPH JOHN PETER SANDY versus VERONICA THOMAS RAJKUMAR & ANR

JOSEPH JOHN PETER SANDY versus VERONICA THOMAS RAJKUMAR & ANR

Rectification of the settlement deed under Section 26 of the Specific Relief Act, 1963 is not permissible in the absence of proof of mutual mistake or fraud among the parties; it must be sought by the settlor, who was not made a party nor examined. The memorandum of agreement dated 1.6.1982 was not proved and was obtained by undue influence, rendering the document unconscionable and clouded by suspicion. The appellant failed to discharge evidentiary burden, and respondent no. 1, not being a party to the rectification deed, was not bound by it.

Parties
Appellant: Joseph John Peter Sandy; Respondent No. 1: Veronica Thomas Rajkumar; Respondent No. 2: Rajkumar & Anr.
Jurisdiction
India
Judgment Date
12 March 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals dismissed
Legal Topics
Rectification of Instruments, Undue Influence, Unconscionability, Burden of Proof
Property Law Contract Law Specific Relief Rectification of Instruments Undue Influence Unconscionability Burden of Proof

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Parties

Joseph John Peter Sandy

Appellant

Veronica Thomas Rajkumar

Respondent No. 1

Rajkumar & Anr.

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the appellant could seek rectification of the settlement deed under Section 26 of the Specific Relief Act, 1963
  2. 2 Whether the agreement deed and rectification were valid and binding upon respondent no. 1
  3. 3 Whether the memorandum of agreement was obtained by undue influence under Section 16 of the Contract Act, 1872

Ratio Decidendi

Rectification of the settlement deed under Section 26 of the Specific Relief Act, 1963 is not permissible in the absence of proof of mutual mistake or fraud among the parties; it must be sought by the settlor, who was not made a party nor examined. The memorandum of agreement dated 1.6.1982 was not proved and was obtained by undue influence, rendering the document unconscionable and clouded by suspicion. The appellant failed to discharge evidentiary burden, and respondent no. 1, not being a party to the rectification deed, was not bound by it.

Court Disposition

Appeals dismissed

Orders

  • Civil Appeal Nos. 2178-2179 of 2004 and Civil Appeal Nos. 2184-2185 of 2004 are dismissed. No costs.