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Showing posts with label boundaries. Show all posts
Showing posts with label boundaries. Show all posts
Tuesday, 15 August 2023

How to appreciate evidence regarding fact and extent of encroachment in suit for removal of encroachment?

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  The Cadesteral Surveyor, therefore, will have first to ascertain the boundary marks and boundaries of undisputed and unencroached area of ...

Under which circumstances plaintiff can prove encroachment by oral evidence?

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PROOF OF FACT OF ENCROACHMENT 24. If there be undisputed boundaries, encroachment can be a question or a matter of fact, which can be seen b...
Monday, 23 January 2023

Whether the court can allow amendment of plaint to correct four boundaries of suit property after commencement of trial?

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True it is that the plaintiffs have sought to completely alter the boundaries of the suit property in all four directions by amending the pl...
Saturday, 13 March 2021

When a party can file suit for rectification of misdescription of immovable property in sale deed?

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   He further argues that under  Section 26 of the Specific Relief Act, 1963,  only in case of fraud or mutual mistake of the parties, contr...
Monday, 1 July 2019

Whether plaintiff can get decree for possession if there is difference in boundaries mentioned in sale deed and in evidence?

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The settled position of law is that for the purpose, the plaintiffs have to stand on their own and they cannot take advantage of the weakn...
Monday, 28 January 2019

Whether judgment debtor can challenge that boundaries of suit property is incorrect if he has not challenged it in written statement?

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  In the instant case, the defendant decree-holder contested the suit by filing written statements without controverting the boundary give...
Friday, 28 December 2018

How to execute decree if description of suit property is vague?

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  These principles of law would apply to a case wherein the description of the suit property is vague or the suit property is unidentifiab...
Sunday, 8 January 2017

Whether incorrect description of property will vitiate sale transaction?

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These provisions show that the transfer of ownership of land involves transfer of full rights and interests of the vendor and there is ch...
Sunday, 4 September 2016

Whether court can grant declaration of title if plaintiff fails to prove identity of property sold to him?

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The lower appellate court by the judgment dated 22-3-1982 allowed the said appeal and dismissed the suit, inter alia, on the finding that t...
Sunday, 24 July 2016

Whether boundaries will prevail over measurement of land?

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 It is well established by several decisions of courts that where the boundaries in a document are vague and indefinite, the area should p...

How to identify property if there is mistake in plot number?

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 Thus the effect of this decision is that where there is no doubt as to the identity and there is only misdescription that could be treate...

Supreme Court: Identification of property by boundaries will prevail over description of property

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The High Court has also upheld the title claimed by the plaintiff over the plot, Plot No. 1301/1 Ba. Once we accept the identification made...
Monday, 23 March 2015

Whether failure to give description of suit property by giving boundaries etc. in the plaint is fatal?

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 In a decision of the Hon’ble Apex Court reported in (2003)2 SCC 330, Pratibha Singh & another vs. Shanti Devi Prasad & another, it...