AI Overview...
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Improper Description of Property - Multiple cases highlight that a suit cannot proceed effectively if the immovable property is not properly described or identified in the plaint. Courts have consistently held that vague or inaccurate descriptions hinder the execution of decrees and the adjudication of rights. For instance, in Mushtaq Ahmad Purra VS Gh. Qadir Lone - Jammu and Kashmir, the court emphasized that without proper identification, the decree cannot be executed. Similarly, Sundararajan VS Pushparani - Madras and S. Muthu Narayanan VS Paulraj Naicker - Madras found that failure to furnish linear measurements or specify boundaries renders the suit defective, although procedural irregularities alone may not nullify judgments. B. N. Bhargava (since deceased and substituted by legal heir) VS 6th Additional District Judge, Saharanpur - Allahabad and Inder Singh (Deceased) Through Lrs VS Bhiwani Municipality, Bhiwani - Punjab and Haryana reinforce that improper description can lead to adverse judgments or dismissals, especially when the description is deliberately vague or misleading. Kishore Kumar VS Ishar Dass - Current Civil Cases clarifies that a suit cannot succeed if the property is wrongly described, and the description must be sufficient for identification per Order 7 Rule 11 CPC. Bashir Ahmed Bhat VS Bilal Ahmed - Current Civil Cases states that once the property is sufficiently described for identification, minor changes in description do not invalidate the proceedings. Corrittmoran and Company Private Limited represented through its Power of Attorney T. A. Krishnamoorthy VS Subir Chandra Bose - Orissa notes that amendments to the description are permissible if the initial description was inadequate, provided the description is admitted and clarified during proceedings.
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Legal Principles and Procedural Aspects - Courts have underscored that procedural irregularities regarding property description do not necessarily nullify judgments unless they fundamentally affect the rights or proper identification of the property. The importance of precise description is linked to ensuring the enforceability of decrees, proper service, and fair adjudication. R. Rebeiro @ Rubin Reberio VS Monoj Lal Seal - Calcutta discusses that insufficient description can lead to dismissal of suits under specific procedural rules, but amendments and clarifications are permissible to rectify such issues.
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Impact on Enforcement and Rights - An improperly described property complicates enforcement of decrees and can be grounds for dismissing or rejecting suits, as seen in Mushtaq Ahmad Purra VS Gh. Qadir Lone - Jammu and Kashmir, Sundararajan VS Pushparani - Madras, and B. N. Bhargava (since deceased and substituted by legal heir) VS 6th Additional District Judge, Saharanpur - Allahabad. Accurate description ensures clarity in ownership, boundaries, and rights, which is essential for fair adjudication and execution.
Analysis and Conclusion:
A properly detailed and accurate description of the suit property is crucial in civil suits involving immovable property. Courts consistently require that the property be described with sufficient clarity—such as boundaries, measurements, and location—to avoid procedural pitfalls and ensure the enforceability of decrees. When descriptions are vague, inaccurate, or incomplete, it can lead to suit dismissal, rejection, or inability to execute decrees, although procedural irregularities alone may not always nullify judgments. Amendments to rectify descriptions are generally permitted if they clarify the property’s identity. Overall, precise property description is fundamental to the integrity of civil property litigation.
Search Results for "Suit Property Not Properly Described"
2016 0 Supreme(J&K) 628 • India - Jammu and Kashmir
The decree cannot be executed if the property is not properly described and identified. ... Finding of the Court: The court found that the suit property was not properly described and identified in the plaint ... is not properly described and identified, and when there is no evid....
2024 0 Supreme(Mad) 1388 • India - Madras
D. BHARATHA CHAKRAVARTHY
The petitioner filed a civil revision petition against an order declaring a decree inexecutable, arguing that the suit ... Without furnishing any linear measurements and without properly describing the suit property, the suit was filed. ... property. ... property.
2018 0 Supreme(Mad) 3425 • India - Madras
S.S.SUNDAR
property was not properly described with reference to boundaries. ... from procedural irregularities, were not null and void. ... and void in execution proceedings - Court held that procedural irregularities in the judgment and decree do not render it null and ... The revision petitioners also contended that the suit property has not ....
2016 0 Supreme(All) 4076 • India - Allahabad
SUDHIR AGARWAL
The court referred to the plaintiff's admission in another suit to establish that the disputed property was not properly described ... the disputed property was not properly described, leading to the decision in favor of the defendants. ... Fact of the Case: The petitioner filed a Small Cause Suit seeking ejectment....
2016 0 Supreme(P&H) 2980 • India - Punjab and Haryana
SURINDER GUPTA
Finding of the Court: The court found that the plaintiffs had not properly described the suit property, deliberately ... Issues: Proper description of the suit property, entitlement to relief of injunction, possession of public property, and concealment ... The court also emphasized that encroachers of public property are #HL_START....
• India - Current Civil Cases
JAVED IQBAL WANI
subject matter of suit—If description of immovable property in a suit is not properly given or is wrongly described, suit cannot ... description of suit property—Under Order 7 Rule 11 CPC, plaint cannot be rejected for wrong description of immovable property being ... is grossly misconceived having been rightly and #....
• India - Current Civil Cases
RAJNESH OSWAL
mentioned in plaint – Approach of Executing Court cannot be countenanced, more particularly when suit property was properly described ... of suit property may change but once description of property was sufficient for its identification, learned Executing Court could ... not have rejected execution petition by observing that on two sides, description o....
2004 3 Supreme 474 • India - Supreme Court
R.C.LAHOTI, A.R.LAKSHMANAN
not been described properly, father of appellant was not a legitimate son, therefore, he had no manner, right, title, interest or ... appellant s ancestors thus tracing title to the suit property. ... to the suit A Schedule property in the absence of evidence evidently not adverting to the entire evidence adduced by the appellants .......
2012 0 Supreme(Cal) 586 • India - Calcutta
TAPAN KUMAR DUTT, MRINAL KANTI CHAUDHURI
The Trial Court dismissed the suit on the grounds that the plaintiff had not put in sufficient court fees, the property was not properly ... described in the plaint, the suit was not maintainable under Order 21, Rules 99 and 101 CPC, and the suit was barred by limitation ... The plaintiff also sought recovery of possession of the #HL_....
2006 0 Supreme(Ori) 459 • India - Orissa
L.MOHAPATRA
not been described properly, an application for amendment of the same was filed - Civil Judge allowed the amendment - Writ - In ... another suit filed by the petitioner the description of the suit property has been admitted by the petitioner, which is sought to ... CIVIL PROCEDURE CODE, 1908 - Order 6, Rule 17 - Amendment of plaint - Suit for eviction - Schedule of the ....
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