PRATIBHA SINGH AND ANR. versus SHANTI DEVI PRASAD AND ANR.

PRATIBHA SINGH AND ANR. versus SHANTI DEVI PRASAD AND ANR.

Defects in description of suit property in plaint and decree and errors in court sale deed map can be rectified by the execution court, which is empowered to ascertain and correct the property details for proper execution. The security deposit made during appeal cannot be appropriated absent a specific judicial order; it must be returned to the depositor.

Parties
Appellant: Pratibha Singh; Appellant: Madhusudan Prasad Singh; Respondent: Shanti Devi Prasad; Respondent: Lakshmi Kant Singh
Jurisdiction
India
Judgment Date
29 November 2002
Procedural Posture
Civil Appeal / Final Disposition and Orders
Outcome
Appeals disposed of with directions
Legal Topics
Specific Performance of Contract to Sell Immovable Property, Execution Proceedings, Rectification of Court Records, Identification of Suit Property, Security Deposit Appropriation
Civil Procedure Property Law Specific Performance of Contract to Sell Immovable Property Execution Proceedings Rectification of Court Records Identification of Suit Property Security Deposit Appropriation

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Parties

Pratibha Singh

Appellant

Madhusudan Prasad Singh

Appellant

Shanti Devi Prasad

Respondent

Lakshmi Kant Singh

Respondent

Procedural Posture

Civil Appeal / Final Disposition and Orders

Legal Issues

  1. 1 Whether the omission of specific description and map of suit property in the plaint and decree can be rectified for execution
  2. 2 Whether the error in the description in the court sale deed map can be corrected during execution
  3. 3 Whether a security deposit made during appeal can be appropriated by the opposite party without a specific judicial order

Ratio Decidendi

Defects in description of suit property in plaint and decree and errors in court sale deed map can be rectified by the execution court, which is empowered to ascertain and correct the property details for proper execution. The security deposit made during appeal cannot be appropriated absent a specific judicial order; it must be returned to the depositor.

Court Disposition

Appeals disposed of with directions

Orders

  • Executing Court to decide upon correctness of the map filed by plaintiff decree holders; to rectify as necessary, and such corrected map to form part of the sale deed.
  • Possession over property equivalent to 8 kathas to be delivered by judgment-debtors to decree holders, if necessary through warrant of delivery of possession.