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1926 DIGILAW 525 (MAD)

Upadrashta Latchayya v. Gudaparti Sitamma

1926-10-19

WALLER

body1926
JUDGMENT Waller, J. 1. It is argued that even though the deed itself might be rectified, the decree passed upon it cannot be rectified. This contention cannot be upheld vide Bepin Krishna Ray v. Jogeshwar Ray A. I. R. 1921 Cal. 720 and Venkatarama Iyer v. Elumalai Naiker A. I. R. 1923 Mad. 442 The other argument, that there is no finding of mutual mistake is not supported by the judgments of the Courts below. 2. The second appeal is dismissed with costs.