Disposed

Mr.v.Lawrence, Sole Proprietor, M/s. jessi Construction, v. The Official Liquidator

Madras HC18 Jun 2021COMP.A/85/2021

Case brief

AI extract

What is this about?

In this compromise application, the Court directed the Official Liquidator to execute a Rectification Deed to correct a mistake in the boundary description of agricultural land in a Sale Deed dated 07.03.2006, rejecting the argument that the Company's dissolution prevented such action.

What did the court decide?

Directed the Official Liquidator to execute a Rectification Deed correcting the boundary mistake; applicant to bear stamp and registration charges.

Mr.v.Lawrence, Sole Proprietor, M/s. jessi Construction… — Property and Title | Madras HC (2021)

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Comp.A.No.85 of 2021 in C.P.No.236 of 1997

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Comp. A.No.85 of 2021 in

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C.P.No.236 of 1997

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R.SUBRAMANIAN.J.,

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This application has been filed seeking a direction to the Official

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Liquidator to execute a Rectification Deed correcting the mistake in the boundary description in the Sale Deed executed by the Official Liquidator dated 07.03.2006 registered as Doc. No.707 of 2006 in the Office of the SubRegistrar, Maduranthakam.

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2. The applicant is a purchaser of 649 cents of agricultural land situate in Kolambakkam Village, Maduranthakam Taluk. The said 649 cents of land is situate in two parcels measuring 570 cents in S.No.13 and 79 cents in S.Nos.18/2 and 18/3. In the schedule to the Sale Deed, the land is described with four boundaries for each of the two parcels.

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3. According to the applicant, a mistake has crept in the boundary description of S.No.13 measuring about 570 cents. The fact that there is a mistake is also certified by the Village Administrative Officer, Pazhayanur Village, Maduranthakam Taluk. Hence, the applicant is before this Court seeking a direction to the Official Liquidator to execute a Rectification Deed.

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http://www.judis.nic.in

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Page No.1/3

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Comp.A.No.85 of 2021 in C.P.No.236 of 1997

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The fact that there is a mistake in the Sale Deed is evidenced by the letter of the

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Village Administrative Officer which has been produced along with the typed

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set. The correct boundaries are as follows:

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On the North by Vedanthangal Road

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On the South by Ramalingam land

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On the East by S.J.Anandhmul, Amit Sogan land

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On the West by Anthony, Lalitha, Gnanaraj, Sadagopan, Appa Pillai land

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4. The learned Official Liquidator would submit that now the Company

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is dissolved and she may not be in a position to execute the Rectification Deed.

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5. Since the original Sale Deed has been executed by the Official

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Liquidator and it is only a mistake regarding the boundaries, I do not see any difficulty in directing the Official Liquidator to execute the Rectification Deed

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as prayed for by the applicant. It is made clear that the applicant shall bear all

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the expenses in respect of Stamp Duty as well as Registration charges for the Rectification.

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dsa

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http://www.judis.nic.in

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18.06.2021

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Page No.2/3

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Comp.A.No.85 of 2021 in C.P.No.236 of 1997

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dsa

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R.SUBRAMANIAN,J.

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Comp.A.No.85 of 2021
in
C.P.No.236 of 1997

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18.06.2021

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http://www.judis.nic.in

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Page No.3/3

Mr.v.Lawrence, Sole Proprietor, M/s. jessi Construction, v. The Official Liquidator

Case brief

What is this about?

What did the court decide?

Mr.v.Lawrence, Sole Proprietor, M/s. jessi Construction, v. The Official Liquidator

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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