Rectification Deed Cannot Alter Subject Matter of Conveyance Without Original Transferor's Participation

Case Snapshot

• Case Name: Venkatesha and Anr. v. K.M. Venkatamuniyappa (D) Thr. Lrs. & Ors.

• Citation: 2026 INSC 705

• Bench: Justice Dipankar Datta & Justice Vipul Pancholi

• Date of Judgment: July 14, 2026

• Area of Law: Property Law, Civil Procedure, Transfer of Property Act, Specific Relief Act

Judgment in Brief

The Supreme Court allowed the appeal and restored the Trial Court's decree dismissing the suit, setting aside the judgments of the First Appellate Court and the High Court. The Court held that the plaintiff failed to establish the identity of the suit property through proper pleadings and evidence. The rectification deed, executed only by the subsequent transferee without the participation of the original transferor, could not substitute the subject matter of the earlier conveyance. The Court reiterated that no relief can be granted on a case not pleaded, and admissions of the plaintiff (that the two survey numbers were distinct) could not be ignored. The High Court had also erred in invoking Section 43 of the Transfer of Property Act without the plaintiff having pleaded or relied upon it.

Relevant Facts

• Thimmadasappa executed a registered sale deed (Sale Deed I) on May 17, 1971, conveying Sy. No. 1/4 to Venkatappa (defendant No. 3).

• Venkatappa conveyed the same property to Govindappa (defendant No. 4) on March 24, 1972 (Sale Deed II).

• Govindappa sold the property to the plaintiff on May 31, 1973 (Sale Deed III), describing it as Sy. No. 1/4.

• Sy. No. 162, originally belonging to a temple, was re-granted to Thimmadasappa on August 5, 1982.

• On March 13, 1997, a rectification deed was executed between defendant No. 4 and the plaintiff, correcting the survey number from Sy. No. 1/4 to Sy. No. 162.

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