Punjab & Haryana High Court Allows Second Appeal in Land Dispute; Declares Purchasers Co-Owners Despite Refusing Rectification of Sale Deeds

Case Name: Gulzar Singh and Others v. Ramji Lal (since deceased) through LRs

Date of Decision: 21 January 2026

Citation: RSA-2077-1994

Bench: Hon’ble Mr. Justice Virinder Aggarwal

Held: The Punjab and Haryana High Court partly allowed the Regular Second Appeal and held that purchasers under multiple sale deeds conveying shares in joint agricultural land are entitled to be declared co-owners in joint possession, even if their claim for rectification of the sale deeds is rejected. The Court held that mere mention of specific khasra numbers in sale deeds conveying undivided shares does not constitute a mutual mistake warranting rectification under Section 26 of the Specific Relief Act.

Summary: The appellants instituted a civil suit seeking declaration of ownership and possession over 30 kanals and 4 marlas of agricultural land and sought rectification of sale deeds dated 18.12.1979 and 07.03.1980. The case of the plaintiffs was that due to a mutual and bona fide mistake, incorrect khasra numbers were repeatedly mentioned in the subsequent sale deeds, although the intention was to convey land falling in different khasra numbers. Consequential relief of permanent injunction was also sought.

The Trial Court dismissed the suit, holding that no mutual mistake or fraud had been proved and that the plaintiffs were not entitled to rectification or declaration. The First Appellate Court affirmed these findings.

In second appeal, the High Court examined the nature of the transactions and the contents of the three sale deeds dated 24.05.1977, 18.12.1979 and 07.03.1980. The Court found that all three sale deeds conveyed undivided shares in joint land, and not specific demarcated portions. The first sale deed conveyed one-half share, while the subsequent two sale deeds conveyed one-fourth share each. The aggregate of these shares constituted the entire holding.

The Court held that reference to specific khasra numbers in sale deeds conveying shares in joint land does not amount to a mistake, as such references do not confer exclusive title to particular parcels until partition takes place. Consequently, the plaintiffs failed to establish any mutual mistake or fraud so as to justify rectification of the sale deeds.

However, the Court found that the plaintiffs were clearly entitled to be recognised as co-owners in joint possession to the extent of the shares purchased under the sale deeds. The concurrent judgments of the Courts below were held to be erroneous to the extent they denied declaration of co-ownership.

Decision: The Regular Second Appeal was partly allowed. The judgments and decrees of the Trial Court and the First Appellate Court were set aside. The suit was decreed to the extent of declaring the plaintiffs as co-owners in joint possession of the land purchased under the sale deeds dated 24.05.1977, 18.12.1979 and 07.03.1980, subject to adjustment at the time of partition of the joint holding. The claim for rectification of the sale deeds was dismissed.