GERELA KALITA AND ANR. Vs. DHARMESWAR SAIKIA AND ORS.

JUDGEMENT

(1.) THIS is a second appeal by the defendants 5 and 6 to an action for rectification of a certain mistake which crept in the deed of sale in favour of the plaintiff. The facts leading to this appeal are that the plaintiff had purchased 2; bighas and odd of land of plot No. 418 having an area of 9 bighas 3 kathas and odd. Before purchase ho was in possession of this very property as a mortgagee. The vendors of the plaintiff would not, however, register the document in his favour and he had, therefore, to take recourse to compulsory registration of the document, in the meanwhile, what happened was that the vendors had passed on the property to some other persons by way of sale, namely, defendants 2 and 3 and thereafter the defendants sold to the present appellants, defendants 5 and 6, who are father and son.

(2.) SECTION 31 of the Specific Relief Act has to be read:

(3.) I would, therefore, affirm the decree of the Court below and would like to add that if the plaintiff -respondents have been given delivery of possession of plot No. 418, it must he held to have been done by mistake. That delivery of possession must be withdrawn.