https://www.taxtmi.com/caselaws?id=275964 A mortgage deed may be rectified where the deed and surrounding documents show a mutual mistake in the property description and the written schedule fails to reflect the parties' concurrent intention. On that basis, the earlier preliminary mortgage decree founded on the mistaken description could be set aside to the extent it affected the parties bound by the corrected deed. Defences of res judicata, estoppel, laches, and merger did not bar relief because the earlier proceedings did not create a legally effective bar, no intervening third-party rights were shown, and a preliminary mortgage decree does not extinguish the mortgagee's rights before redemption or sale. en-us Thu, 13 Apr 1939 00:00:00 +0530 Wed, 24 Oct 2018 10:05:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275964 A mortgage deed may be rectified where the deed and surrounding documents show a mutual mistake in the property description and the written schedule fails to reflect the parties' concurrent intention. On that basis, the earlier preliminary mortgage decree founded on the mistaken description could be set aside to the extent it affected the parties bound by the corrected deed. Defences of res judicata, estoppel, laches, and merger did not bar relief because the earlier proceedings did not create a legally effective bar, no intervening third-party rights were shown, and a preliminary mortgage decree does not extinguish the mortgagee's rights before redemption or sale. Case-Laws Indian Laws Thu, 13 Apr 1939 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275964