Wrong Survey Number Mentioned - When boundaries are clearly defined in a deed, incorrect mention of survey or door number is generally of no consequence, as boundaries take precedence over survey numbers Mahendra C. Mehta VS Kousalya Co-op. , Housing Society Ltd. , Hyderabad - Andhra Pradesh.
Survey Number Dispute & Property Rights - Courts often uphold the boundaries specified in property documents over survey numbers, especially when the survey number is disputed or incorrectly assigned. The judgment in such cases emphasizes the importance of boundary clarity over survey number accuracy SUSHEELAMMA vs T. LAKSHMAN REDDY - Karnataka.
Survey Validity & Court Jurisdiction - The validity of survey numbers and boundary disputes often cannot be adjudicated by civil courts if they pertain to land revenue matters. Courts may dismiss suits based on survey number discrepancies if the issue falls under revenue or land administration jurisdiction PATEL DODDAKEMPEGOWDA VS CHIKKEEREGOWDA - Karnataka.
Survey Number Corrections & Land Disputes - Rectification of survey numbers can be sought through civil procedures if the dispute involves boundary clarity or ownership rights, but such corrections are subject to proper legal procedures under CPC Sections 47 and 152 Sarath Kakumanu VS Veerappan Arunachalam - Madras.
Impact of Incorrect Survey Number in Sale Deeds & Titles - Sale deeds relying on incorrect survey numbers may still be upheld if boundaries are correctly described and possession is established. Courts tend to prioritize possession and boundary clarity over survey number discrepancies State of Goa & others VS Gurudas Timblo & others - Bombay.
Injunction & Property Dispute Cases - Courts have granted or upheld injunctions in cases where boundary or survey number issues are involved, but often these are contingent upon boundary clarity rather than survey number correctness. In some cases, injunctions are set aside if survey details are found to be incorrect or disputed Y. Robinson vs Daniel Joseph (late) S/o. Late John Daniel - Madras, P. Subramani VS Chinnasami - Madras.
Legal Precedents & Court Approach - Courts generally favor boundary descriptions over survey numbers, and disputes over survey numbers often require re-verification or rectification through revenue authorities rather than civil courts. Proper identification of property boundaries is crucial for establishing rights and injunctions SUSHEELAMMA vs T. LAKSHMAN REDDY - Karnataka, Sarath Kakumanu VS Veerappan Arunachalam - Madras.
Analysis and Conclusion:
In cases of land disputes involving wrong survey numbers, courts prioritize boundary clarity and possession over the accuracy of survey numbers. Civil courts typically do not adjudicate survey number discrepancies unless they directly affect boundary demarcation and ownership rights. For correction of survey numbers, proper legal procedures under CPC are necessary. Ultimately, clear boundary descriptions in deeds and possession are key factors in securing property rights and injunctions, while survey number errors are often rectified through revenue authorities rather than civil litigation.
of survey number or door number of property - Covered by a deed are specific and clear wrong mention of survey number or door number ... It is well known that when boundaries of a land covered by a deed are specific and clear wrong mention of the survey number or door ... number etc., of the property covered by the deed is of no consequence, because boundaries prevail over the ex....
(A) Civil Procedure Code, 1908 - Section 96 - Suit for declaration and injunction - Trial court decreed the suit declaring plaintiff ... number Sy.Nos.110/1, arguing wrongful infringement on their rights. ... as the absolute owner of scheduled property and granting injunction against defendants - The judgment upheld finding of continuous ... any new survey number and both the lands are different. ... The boundaries mentioned in the property, in the document will preva....
(Paras 14.0, 19) (E) ... ... Result: Appeal partly allowed; injunction for removal of sunshades set aside. ... Procedure Code - Section 100 - Property law - The plaintiff sought a declaration to claim rights over a common passage and a permanent injunction ... (Paras 16, 17) ... ... (D) High Court's finding - The High Court set aside the mandatory injunction ... A.S.Narayanaswamy Iyer and others reported in 1996(1) MLJ 542, wherein this Court held that when the Survey Number is given in the Will an....
Survey - Land Dispute - Karnataka Land Revenue Act 1964, Section 109, Section 140 - The court discussed the validity of survey ... cannot be adjudicated by the Civil Court, and the relief prayed for by the plaintiff cannot be granted. ... Fact of the Case: The plaintiff filed a suit against the defendants for possession of land. ... cannot be granted. ... (c) suits between private parties for possession of any land being a whole #....
was made, as per which, the old Survey number 182 was divided into Survey Nos.183 and 184 comprising cents that inadvertently, an ... – Forest land – Petitioner stated that his father late was inducted into possession of the land admeasuring cents in Old Survey ... Village Krishna District, on payment of rent per acre by the that on payment of an amount of was granted in of his father vide that ... The petitioner further averred that after abolition of estates under t....
appellate court erred in declaring title when the property was improperly identified, shifting burdens of proof, and justifying an injunction ... a piece of government land, which the defendant disputed by claiming title and boundaries differently. ... Fact of the Case: The plaintiff filed a suit for declaration of title and possession against the defendant regarding ... Hence trial court ought to have granted a decree in favour of the plaintiff with respect to 4.40 Ares and accordingly the suit is de....
Challenging Judgment and Decree - Perpetual injunction restraining defendant - Land Revenue Settlement - Claim on the sale deed ... - Suit was filed for a perpetual injunction restraining defendant his men and agents from interfering with plaintiffs right of access ... Tamil Nadu Survey and Boundaries Act, 1923 - Section 14 and 12 - Code of Civil Procedure - Section 100 - ... Another factor that has to be taken note of is that Ex.B.1 does not contain a Survey Number 9....
The trial court granted an order of injunction in favor of the plaintiffs, which was confirmed by the appellate court. ... taking water from a common well to specific survey numbers. ... Fact of the Case: The plaintiffs filed a suit for permanent injunction against the defendants, restraining them from ... But he has denied that his old survey number, land was inducted with the new survey number....
47 CPC to rectify survey number of schedule property as described in decree - Respondents' predecessor filed a suit in O.S. against ... - Whether this survey number can be corrected or not is the dispute – Held, submissions made by learned counsel for the petitioner ... Civil Procedure Code,1908 – Section 47 and 152 -Property - Permanent injunction- E.A. was filed under section ... No Execution Petition was filed for enforcing the mandatory injunction relief #HL_START....
sale-deeds - Suit decreed partly - Plaintiff held to be in possession - Injunction granted - Appeal by defendant - Plaintiff relied ... - Suit for - Decreed partly - Injunction granted - Prayer for declaration dismissed - Defendant filed appeal - Decree dismissing ... upon survey report for his claim - Document (survey report) not got proved - Sales silent if plaintiff placed in possession of suit ... However, the plaintiffs were he....
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