AI Overview...
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Boundary Prevails - The courts have consistently held that boundaries and survey plot numbers are crucial identifiers of property. When discrepancies arise, the boundary description generally takes precedence over plot numbers or other descriptions, especially if boundary details are clear and unambiguous. Sadhan Chandra Bal VS Swapan Datta - Tripura, Mustt. Kitabjan Bibi and others VS Ramlal Durgadutta - Gauhati, Moutushi Dutta, Wife of Sri Surajit Dutta vs Radhya Shyam Sarkar, S/o Late Chinta Haran Sarkar - Gauhati, Bahadur and Samsul Haque VS Omed Ali and Somed Ali - Gauhati, Kumar Kora VS Malati Saha - Calcutta
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Plot Number vs. Boundary - While plot numbers such as Dag or Khatian numbers are important, the boundary descriptions are often deemed more authoritative in determining the extent of a property. If boundaries are well-defined and proven, they will prevail over plot number discrepancies. Mustt. Kitabjan Bibi and others VS Ramlal Durgadutta - Gauhati, Bahadur and Samsul Haque VS Omed Ali and Somed Ali - Gauhati, Kumar Kora VS Malati Saha - Calcutta
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Identification of Property - Property identification hinges on boundary descriptions, which are considered primary evidence. In cases of conflict, boundary descriptions, especially those recorded in official records, are given precedence over plot numbers or other descriptions. Sukumar Namasudra VS Bhojan Namasudra - Gauhati, Sadhan Chandra Bal VS Swapan Datta - Tripura, Shyamanta Thakur VS State of Assam - Gauhati
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Disputes and Boundary Evidence - Courts emphasize the importance of accurate boundary descriptions and possession evidence. Boundary walls, constructions along water bodies, and other physical markers serve as critical evidence in boundary disputes. Sukumar Namasudra VS Bhojan Namasudra - Gauhati, Mr. Indradeep Ghosh vs The State of West Bengal & Ors. - National Green Tribunal, Moutushi Dutta, Wife of Sri Surajit Dutta vs Radhya Shyam Sarkar, S/o Late Chinta Haran Sarkar - Gauhati
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Legal Principles - Statutory requirements and official records take precedence over non-statutory rules. Proper legal procedures and statutory descriptions are essential for resolving boundary disputes. Shyamanta Thakur VS State of Assam - Gauhati, Bahadur and Samsul Haque VS Omed Ali and Somed Ali - Gauhati
Analysis and Conclusion:
In property boundary disputes, the prevailing principle is that boundary descriptions and survey markers hold more weight than plot numbers or other descriptions. Courts tend to uphold boundaries based on clear, unambiguous descriptions and physical markers such as boundary walls or waterbody delineations. Discrepancies favoring boundary descriptions are common, and legal records are critical in establishing definitive property extents.
Search Results for "Dag no Area of a Plot the Boundary will Prevail"
2015 0 Supreme(Gau) 404 • India - Gauhati
A.K.GOSWAMI
peaceful possession in respect of schedule land with an intention to dispossess them there from - Held, It is relevant to note that plot ... trial court held that there is no evidence on record to hold that suit land falls in Dag - Obviously said finding is related to ... - Trial court on perusal of final recorded finding that Dag are recorded as bank of pond respectively - It had also been recorded ... So also in a case where there is a di....
2014 0 Supreme(Tri) 140 • India - Tripura
S.C.DAS
The Court emphasized that the property could be identified by both boundary and survey plot numbers, and the plaintiff's case was ... Ratio Decidendi: The Court held that the property could be identified by both boundary and survey plot numbers, and in this ... Boundary - Property Dispute - Order VII Rule 3 of the Code of Civil Procedure - [Order VII Rule 3] Fact of the Case: ... There is no quarrel tha....
1983 0 Supreme(Gau) 55 • India - Gauhati
S.M.ALI
The decretal land had the following boundary description: North- Municipal Road. South - Noor Khalifa. East - Hafijuddin. ... No. 957), then in that case the eastern boundary may be ignored and that the land may be identified as the land of the decree, is ... Moreover, this land has a different plot number with a different location. ... by boundaries, the latter will prevail. ... Learned counsel for the opposite party argu....
2016 0 Supreme(Tri) 275 • India - Tripura
S.TALAPATRA
and the boundary, the description of the boundary will prevail. ... and the boundary. ... Boundary of the khatian No.953 is given.
2025 0 Supreme(Gau) 940 • India - IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ROBIN PHUKAN
and implications on title highlighted; the plaintiff must prove ownership and continuous possession to prevail. ... (Paras 2, 15, 19) ... ... (B) Ownership and Possession - Rectification of boundary ... : The court ruled on the necessity of proving ownership through unambiguous evidence and the importance of maintaining accurate boundary ... boundary, the boundary will prevail. ... any....
2024 0 Supreme(Cal) 186 • India - Calcutta
SUPRATIM BHATTACHARYA
It also highlighted the principle that a property can be identified by boundary or specific description. ... referred to Order XXVI Rule 9 of the Code of Civil Procedure and highlighted the principle that a property can be identified by boundary ... Issues: The main issue was the identification of the suit property, specifically related to the boundary and ... Even if there was any discrepancy, normally, the boundaries should pre....
2025 Supreme(Online)(NGT) 783 • India - National Green Tribunal KOLKATA (EASTERN ZONE BENCH)
Debangsu Basak, J, Biswanath Somadder, ACJ, Arindam Mukherjee, J
A boundary wall has been constructed along the roadside on a small stretch and solid waste dumping is there. ... All the offending constructions raised by Respondents 9 and 10 of any kind including boundary wall shall ... “Heder Bheri” and boundary wall has also been constructed along the waterbody and there is some solid waste dumping also ; the rest
2013 0 Supreme(Gau) 445 • India - Gauhati
N.CHAUDHURY
the defendants' claim over Dag No. 391. ... -'Ga' - Sale Deed - Dag No. 211, 212, 391 - The court discussed the interpretation of Ext. ... The court upheld the trial court's decree, declaring the plaintiffs' right, title, and interest over Dag No. 211 and 391, and rejecting ... Whether the principle that boundaries are prevail over plot number of dag number could be applied in the instan....
2008 0 Supreme(Gau) 646 • India - Gauhati
I.A.ANSARI
The court emphasized that non-statutory rules could not prevail over statutory requirements. ... The petitioners, residents of a narrow lane, challenged the construction of a High School building in their residential area ... The respondent High School's eligibility for exemption from plot size requirements was also a key issue. ... Thus, requirements of the minimum plot of land of 2 bighas for construction of a school, ....
2018 Supreme(Online)(GAU) 286 • India - High Court of Gauhati
MR. PRASANTA KUMAR DEKA, J
He does not know the boundary of the land of defendant respondent nor the area also. ... The specific area of land covered by dag No. 94(old)/334(new) of K.P.Patta No. 61 (old)/84 (New) is not mentioned and the boundary ... The land so sold is specifically defined wherein on the Western boundary the name of Malchand Malpani is shown, East: Thakur Das
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