AI Overview...
-
Injunction & Boundary Description - An injunction cannot be granted solely based on the suit property description without mentioning the four boundaries or survey number in the plaint. Courts have held that omission of boundary details or survey number invalidates the claim for injunction or declaration, as proper identification of property is essential. For instance, in case Ponnuswamy Nadar & Another VS Gunanellian Society Karumathur rep by its President Father John Bosco - Madras, the court emphasized that a suit for injunction without boundary details does not entitle the plaintiff to relief.
-
Survey Number Specificity & Legal Validity - Proper mention of the survey number is crucial for establishing ownership and asserting rights over land. Non-mention or incorrect mention of survey numbers, especially when amended after filing, weakens the case (N. P. Dhandapani VS M. Sivagnanam - Madras, Dhanruparam Choudhary VS Ravichandran - Madras). Courts have also noted that reliance on incorrect boundary descriptions or fictitious survey numbers renders claims invalid (Shahebzadi Mallika Jehan Begum VS Municipal Corporation of Hyd - Andhra Pradesh, Sarojammal VS K. Velayudha Mudaliar - Madras).
-
Procedural & Limitation Aspects - Courts underline that identifying the correct survey number is a procedural necessity before passing decrees. The Limitation Act and related laws require that the property be properly identified at the time of suit or decree, not afterward (K Krishnaswamy VS S. Rajendra - Current Civil Cases). Failure to do so may lead to dismissals or delays.
-
Ownership & Land Acquisition Cases - In cases involving land acquisition or prior proceedings, mentioning the survey number and related details is essential to establish rights and avoid disputes. Omitting these details or relying on fictitious survey numbers can invalidate claims or lead to disputes (A. Dwarakanath Reddy VS State of A. P. represented by Principal Secretary, Revenue Department, Secretariat, Hyderabad - Andhra Pradesh, Natarajan VS State of Tamil Nadu - Madras).
-
Subsequent Purchasers & Errors - Subsequent purchasers cannot rely on prior boundary errors or incorrect survey numbers to claim ownership. Accurate and specific survey details are necessary to establish rights, and reliance on incorrect descriptions is inadequate for legal claims (Y. Robinson vs Daniel Joseph (late) S/o. Late John Daniel - Madras).
Analysis & Conclusion:
The consistent legal principle across these cases is that an injunction or any property-related relief cannot be granted without explicitly mentioning the survey number and boundaries in the plaint. Proper identification of the property through correct survey details is fundamental to establishing ownership and avoiding future disputes. Courts have underscored that the absence or incorrect mention of survey numbers invalidates claims and that the law mandates precise property description before passing decrees. Therefore, for a valid injunction or declaration, the survey number must be clearly stated and correctly described in the pleadings.
References:
- Ponnuswamy Nadar & Another VS Gunanellian Society Karumathur rep by its President Father John Bosco - Madras
- N. P. Dhandapani VS M. Sivagnanam - Madras
- A. Dwarakanath Reddy VS State of A. P. represented by Principal Secretary, Revenue Department, Secretariat, Hyderabad - Andhra Pradesh
- Y. Robinson vs Daniel Joseph (late) S/o. Late John Daniel - Madras
- Shahebzadi Mallika Jehan Begum VS Municipal Corporation of Hyd - Andhra Pradesh
- Sarojammal VS K. Velayudha Mudaliar - Madras
- K Krishnaswamy VS S. Rajendra - Current Civil Cases
- Natarajan VS State of Tamil Nadu - Madras
- GOVT. OF A. P. MACHILIPATNAM VS KOGANTI JAGANNADA RAO @ JAGGAIA, KRISHNA DIST - Andhra Pradesh
- Dhanruparam Choudhary VS Ravichandran - Madras
Search Results for "Injuction Cannot be Given Schedule Property Without Mentioning the Survey Number"
2008 0 Supreme(Mad) 3029 • India - Madras
A.C.ARUMUGAPERUMAL ADITYAN
injunction without mentioning the four boundaries for the suit property in the plaint does not entitle the plaintiff to get an order ... Issues: Whether the suit for injunction without mentioning the four boundaries for the suit property in the plaint will entitle ... Finding of the Court: The court found that the suit for injunction without mentioning the four boundaries for the prop....
2021 0 Supreme(Mad) 158 • India - Madras
T.RAVINDRAN
he had agreed to purchase from the defendant under Ex.A1 sale agreement. – Therefore, the non mentioning of the correct survey number ... . – Even according to the plaintiff the survey number has not been properly described in the sale agreement and only thereafter, ... it is found that the survey number has come to be amended in the plaint i.e. after the institution of the suit. – The abovesaid factor ... Therefore, the non mentioning#HL_E....
2012 0 Supreme(AP) 128 • India - Andhra Pradesh
L.NARASIMHA REDDY
survey number without mentioning about the earlier land acquisition proceedings initiated earlier and a consent decree was passed ... by theLok Adalath eqarlier, it is not open to them to resile from them and proceed further under the land proceedings without first ... Revenue authorities have taken a stand in an I.A. before the Lok Adalath earlier that they does not want to acquire further land in a given ... property and also agreed not to interfere with the remaini....
2025 Supreme(Online)(Mad) 65084 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Dhanabal, J
Subsequent purchasers cannot rely on prior errors to establish rights. ... based on incorrect boundary descriptions, yet cannot claim ownership over land previously sold. ... (A) Civil Procedure Code - Section 100 - Property law - The plaintiff sought a declaration to claim rights over a common passage ... 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 and the extent of property ....
1998 0 Supreme(AP) 505 • India - Andhra Pradesh
G.BIKSHAPATHY
Since the petitioners are the owners, they made protest that the land possessed by them cannot be interfered with except in accordance ... But, in the instant case, the Government is seriously disputing the ownership of the petitioners and also produced number of documents ... Constitution of India - Articles 14 and 300-A- Property tax -Persons belong to Municipal Corporation tried ... No. 207 without mentioning any village. The Survey No. 207 is a fictitious and imaginary one, since t....
2016 0 Supreme(Mad) 3299 • India - Madras
K.RAVICHANDRABAABU
in the suit schedule affected the plaintiff's case, and evidence without proper pleadings cannot be considered. ... property but omitted to mention specific boundaries in the suit schedule. ... Issues: The substantial questions framed were about the lower appellate court's judgment and decree without mentioning the ... The plaintiff while filing the present suit has described the suit property in the plaint schedule witho....
• India - Current Civil Cases
M G UMA, M G UMA
correct survey number while describing property, Article 113 of Limitation Act could be attracted – It is duty of Court to first ... schedule property at the time of execution would be putting cart before horse which is impermissible in law – Bar of limitation ... identify schedule property and thereafter to pass decree and not vice-versa – Passing decree and thereafter asking parties to identify ... the survey number. ... #HL_START....
2024 0 Supreme(Mad) 892 • India - Madras
G. ARUL MURUGAN
5.01 acres in Ennamangalam Village, claiming ownership and seeking a declaration against a resurvey that allegedly misrepresented property ... SURVEY - Land Dispute - Tamil Nadu Survey and Boundaries Act, 1923 - Sections 9(2), 13, 14; Indian Easement ... 14, which outline the procedures for conducting surveys and the limitations for challenging survey results. ... The plaintiff filed the suit by only mentioning the old survey field instead of mentioning#HL_E....
2022 0 Supreme(AP) 381 • India - Andhra Pradesh
V. R. K. KRUPA SAGAR
number was acquired – When Government itself was not able to assert facts with certainty by mentioning date and number of award, ... one cannot attribute mala fides against plaintiff about some event that may have occurred decades ago – One cannot say that plaintiff ... to be stated that in written statement or in evidence of DW.1 or before appellate Court, Government failed to show that plaint schedule ... For the remaining Ac.1.45 cents, survey number#HL_E....
2019 0 Supreme(Mad) 1480 • India - Madras
P.RAJAMANICKAM
bundle of facts - very fact that defendant is contesting suit by saying that plaintiff has not mentioned the correct Sub-division number ... - Trial court - Learned First Additional District Munsee Erode by judgment had decreed said suit without costs - Aggrieved by defendant ... Court without appreciating aforesaid facts in proper perspective had reversed judgment and decree of trial Court and dismissed suit ... schedule, the plaintiff has given wrong boundaries with a view to claim a road from the #HL....
Filter by Legal Phrase
