TILAK RAJ versus BAIKUNTHI DEVI (D) BY LRS.

Clerical mistake in decree due to wrong Khasra number, not attributed to appellant, can and should be rectified by court using Section 152 CPC; land reverted by FCI to respondent was not purchased in her own right but returned as representative of original owner, and must be shared equally with co-sharer (appellant).

Parties: Appellant: Tilak Raj; Respondent: Baikunthi Devi (deceased) by LRS
Jurisdiction: India
Judgment Date: 16 February 2009
Procedural Posture: Civil Appeal / Final Appeal Decision
Outcome: Appeals allowed
Legal Topics: Rectification of Decree, Mutation of Land, Clerical Mistake, Co Sharers' Rights, Land Acquisition and Reversion

Civil Procedure Inheritance Rectification of Decree Mutation of Land Clerical Mistake Co Sharers' Rights Land Acquisition and Reversion

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Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3

Parties

Tilak Raj

Appellant

Baikunthi Devi (deceased) by LRS

Respondent

Procedural Posture

Civil Appeal / Final Appeal Decision

Legal Issues

1 Whether a clerical mistake in decree regarding Khasra number can be rectified under Section 152 CPC
2 Whether land reverted by FCI to one heir must be shared with other co-sharer
3 Whether subsequent suit is barred under Order 2 Rule 2 CPC

Ratio Decidendi

Court Disposition

Appeals allowed

Orders

Decree corrected to replace Khasra No. 25R/52 with 26R/52 under Section 152 CPC.
Declaration that half of the reverted land from FCI vests in the appellant.