AI Overview...
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Proper Description of Immovable Property - Accurate identification of property, including survey number, boundaries, and location, is essential for legal validity and avoiding disputes. Even minor omissions, such as survey number errors, can be rectified if the property remains identifiable through boundaries or other descriptions. Courts emphasize the importance of precise descriptions to prevent misidentification and ensure justice. M. C. V. Prasad VS M. Subba Raju - Andhra Pradesh, BIJAYA KUMAR SWAIN VS HAREKRUSHNA NAYAK - Orissa, Sukhendu Bikash Lashkar VS Narayan Chandra Bhowmik - Gauhati, Ouseph Poulose VS Kuttappan Chothi - Kerala, Abdul Ohab Mallick VS Rahima Khatun Bibi - Calcutta
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Survey Number Discrepancies and Errors - Errors or misapplications of survey numbers in property documents (sale deeds, plaints, judgments) can lead to wrongful judgments or invalid claims. Courts have remanded cases for proper identification based on accurate survey data, highlighting the need for correct survey references to establish clear property boundaries and ownership. N.S.S.KARAYOGAM NO.315, ANICKADU Vs JOSEPH LUCKA - Kerala, Kasthuri vs Gnanasoundari - Madras, MOHAMMED HANEEFA vs SALMA BEEVI NABEEZA - Kerala
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Effect of Mistakes in Property Description - Mistakes such as typographical errors or accidental slips in describing survey numbers are generally considered correctable, especially when the intention and identity of the property are clear. Courts tend to uphold the intended property if the description aligns with boundaries and survey data, preventing injustice. Sukhendu Bikash Lashkar VS Narayan Chandra Bhowmik - Gauhati, Mahalingam VS A. S. Narayanaswamy Iyer and Others - Madras
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Legal Principles and Case Law - The principle Falsa Demonstratio Non Nocet underscores that incorrect descriptions do not necessarily invalidate a property claim if the true identity is evident from boundaries or other descriptions. Proper identification is crucial for title validity, and discrepancies in survey numbers require careful judicial consideration. BIJAYA KUMAR SWAIN VS HAREKRUSHNA NAYAK - Orissa, Ouseph Poulose VS Kuttappan Chothi - Kerala, MOHAMMED HANEEFA vs SALMA BEEVI NABEEZA - Kerala
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Amendments and Corrections - Courts generally permit amendments to rectify minor mistakes in property descriptions, such as survey number errors, provided the core identity of the property remains unchanged. However, significant corrections that alter the fundamental description are often rejected to maintain legal certainty. SHRI.YALLAPPA S/O MAHADEV AKANOJI v/s SHRI.ASHOK S/O JEEVANU KILLEKAR - Karnataka, Abdul Ohab Mallick VS Rahima Khatun Bibi - Calcutta
Analysis and Conclusion:
Accurate identification of immovable property through precise survey numbers, boundaries, and descriptions is fundamental in property law. Courts recognize that minor errors or typographical mistakes do not invalidate claims if the property can be reliably identified through boundaries or other descriptions. Proper documentation and correct survey references are essential to prevent disputes and ensure justice. When discrepancies arise, courts tend to favor rectification or remand for proper identification, emphasizing the importance of clarity and correctness in property descriptions to uphold legal rights.
Search Results for "Description of Property no Proper only Survey Number Suit Rejected"
2013 0 Supreme(AP) 96 • India - Andhra Pradesh
L.NARASIMHA REDDY
Civil Procedure Code 1908 - Order 7 Rule 3 - Proper description of immovable property - In case the immovable property is a house ... It is not without any reason that even if there is any omission of description as to the survey number, the boundaries furnished ... If on the other hand, it is a vacant land, it can be identified with reference to the survey numbers or any other description, that ... It is not witho....
2019 Supreme(Online)(KER) 31405 • India - High Court of Kerala
P.SOMARAJAN, J
Property - Identification of Property - Ext.A2, Ext.B1 - Misapplication of survey numbers led to erroneous judgments. ... and necessitated a remand for proper identification based on accurate surveys. ... Ratio Decidendi: The misidentification of property due to errors in survey numbers invalidated the lower courts' judgments ... Their property is situated in Sy.No.253/1 being the southern half of 6 acres 64 cents....
2012 0 Supreme(Gau) 401 • India - Gauhati
UTPALENDU BIKAS SAHA
of the plot number in schedule to plaint is an accidental slip or typographical error and said error cropped up in decree can be ... property is identifiable for avoiding injustice and doing substantial justice - More so a Court is also clothed with inherent power ... Court as well as various High Courts there is no hesitation in mind of this Court that mistake committed by plaintiff while giving description ... of giving description of the survey number in the gift deed. ... The said ....
2008 0 Supreme(Ori) 963 • India - Orissa
SANJU PANDA
Ratio Decidendi: The Court emphasized the requirement for a proper description of the property in cases involving immovable ... The Court referred to the decision of the Apex Court and emphasized the necessity of proper identification of the suit property for ... The trial court decreed the suit, and the executing Court rejected the application u/s 47 CPC without assigning any reason. ... The law is well settled that where the subject-matter of the ....
2025 Supreme(Online)(Mad) 20205 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
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title - Validity and discrepancies in sale deeds - Boundary description and survey measurements - Effect of discrepancies in sale ... Appropriateness of non-suit where survey/measurement was refused. ... proper assessment which was denied. ... The property purchased by Varadhammal in Survey Number 379/3 measuring 27 cents is on the northern side of the property belonging to Pappathi Ammal, the mother-in-law of Gnanasoundari. ... The....
2011 Supreme(Online)(KER) 13277 • India - High Court of Kerala
P.BHAVADASAN, J
Property - Title Suit - Survey Number Discrepancy - Legal Analysis - Identity of Properties - Principle 'Falsa Demonstratio Non ... defendant challenged this claim, asserting rightful ownership of the property identified by a different survey number. ... sufficiency of the plaintiffs' proof of title, and whether there was a valid basis for the plaintiffs' claims amidst discrepancies in survey ... The description in the earlier docum....
2012 0 Supreme(Ker) 1109 • India - Kerala
K.VINOD CHANDRAN
The claim for mesne profits was rejected. ... The court emphasized the importance of accurate survey numbers and boundaries in determining property rights. ... recovery of possession - Kerala Land Reforms Act, 1963 - Ext.A1, Ext.A4 - identification of property, survey numbers, boundaries ... Since the plaint was filed claiming title on the strength of Ext.A1,the survey number shown therein was repeated in the plaint. In the proceed....
1996 0 Supreme(Mad) 271 • India - Madras
SRINIVASAN
Will-Testator bequeathing property under will describing clearly survey number and extent of property-Only mistake crept in description ... of property-Intention of testator being very clear the entire survey number has to be treated as bequeathed. ... According to him, the property is clearly described by survey number and the extent thereof and the intention of the testatrix is very clear that s....
2024 Supreme(Online)(KAR) 40371 • India - High Court of Karnataka
H.P. SANDESH, J
CPC ’) for amendment of plaint, i.e., description of suit property as well as the Agreement of Sale to rectify R.S No.207/1 into R.S No.207/A/1. ... The description of the property cannot be corrected by making such an amendment. Hence, the Trial Court has rightly taken note of the said fact into consideration. 7. ... When an application is filed under Order VI Rule 17, even a mistake in description of the suit property in plaint and amendment applic....
2011 0 Supreme(Cal) 630 • India - Calcutta
PRASENJIT MANDAL
identification and description of the suit property. ... property is proper and no local investigation is required. ... subsequently filed an application for amendment of the plaint to correct the plot number and describe the boundaries of the property ... Sulekha Mitra appearing on behalf of the petitioner submits that the local investigation was sought for at the appellate stage on the ground that the suit property and the land of....
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