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...persons are well aware about the said fact. However, A1 has executed a settlement deed in favour of A2 by showing wrong boundaries and thereby, there was a clear attempt made to grab the property...belonging to the defacto complainant. Similarly A2 has executed a sale deed in favour of A3 by showing the wrong boundaries. Subsequently, the property has also been mortgaged to the Bank and A1 to A3 have...the second respondent against three named accused persons on the ground that they were trying to grab the property belonging to the defacto complainant by creating a false document. In the course of...
...registered on the basis of an F.I.R. lodged on 17.02.2023 alleging that the applicant has executed a sale deed dated 27.09.2012 in favour of the informant mentioning wrong boundaries of the property. When ...
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lodged after more than a decade since execution of the sale deed and the dispute raised is regarding identity of the land sold; that the applicant has...sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.
7. Accordingly, this bail application stands allowed...
...petitioner by showing wrong boundaries to his property has grabbed 80 cents out of 1.25 acres belonging to the second respondent. Such a stand taken by the second respondent flies against the very document based on which, t....72/2. The only complaint by the second respondent is that the petitioner has shown wrong boundaries in the sale deed, as a result of which 80 cents of land belonging to the second respondent has been...was that the petitioner with an evil design, mentioned bogus boundaries in the registered sale deed dated 12.06.2013 and thereby grabbed about 80 cents of lands in survey Nos.58/4A2 out of 1.25 acres...
..., District Gonda, but during the life time of their father he never claimed possession of the same. Such sale deed has been executed by showing wrong boundaries. The petitioners filed a Regular Suit for.... Sangeeta Chandra,J.
1. Heard learned counsel for the petitioners through virtual mode.
2. This petition has been filed praying for a direction to be issued to...learned Civil Judge (Senior Division) Gonda to decide the interim relief application under Order 39 Rule 1 & 2 moved by the petitioner in Regular Suit NO.148 of 2021...
...first we find that there was a mutual mistake on account of which wrong boundaries were entered in the mortgage-deed dated 1.4.46 Azimkhan father of Dhume Khan owned two houses and a Nohra which w.... 31 of the Specified Relief Act for (1) a rectification of the boundaries of the mortgaged property in mortgage-deed dated 1.4.46, (2) a rectification of the boundaries of the mortgaged...by defendants Nos. 1 and 3. The learned Civil Judge held that by mutual mistake wrong boundaries were entered in the mortgage-deed dated 1.4.46, although it was the intention of the parties to mortgage...
...possession of the property mentioned in the sale deed. If at all the defendant is aggrieved by a wrong mentioning of the boundaries in the sale deed, it was for him to get it rectified ...?"
11. When a suit for perpetual injunction is filed in respect of an agricultural land, based on a sale deed, the plaintiff is bound to mention in the plaint, the ...Ex.P1. The boundaries mentioned in the sale deed are :
"ZÀPÀÄ̧A¢: ¥ÀƪÀðPÉÌ: £À£Àß À̧éAvÀ d«ÄãÀÄ, ¥À²ÑªÀÄPÉÌ: zÁj, GvÀÛgÀPÉÌ: £À£Àß À̧éAvÀ d«ÄãÀÄ, zÀQëtPÉÌ: £À£Àß...
...
boundaries mentioned in the sale deed are correct; But later a rectification deed came to be executed by the 1st defendant, on 2...about 25 cents mentioned in the sale deed, dated 17/12/2003; On the basis of the wrong rectification deed, the 1stdefendant executed a sale deed in favour of the 2nd...trial court. Now the parties are at the issue with regard to the boundaries mentioned in the document. 17.According to the revision petitioner, the four boundaries mentioned in his sale deed is a...
...boundaries mentioned in the sale deed would prevail. If the defendants were of the view that wrong boundaries have been mentioned in the sale deed, then they should have executed ...defendant No.1 was the owner of Khasra No.623/8/2 area 0.304 hectares. Taking advantage of the illiteracy of the defendants wrong boundaries were mentioned in the sale deed. The defendants No.1 and 2...that the First Appellate Court lost sight of the fact that wrong boundaries were
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mentioned in the sale deed and...
...constructed a Saw Mill in plot Nos.5 & 6. Subsequently, by giving wrong description of the boundaries, under a registered sale deed dated 15.09.1982, the said Palani sold his 1/4th share ...suit property under a registered sale deed dated 29.09.1979 and from that date onwards, she has been in possession and enjoyment of the suit property. The boundaries given in the plaintiff's sale...the same. In the said sale deed, the boundaries given in respect of the eastern and western directions were mistakenly interchanged as on the western side, plot No.5 is situated and on the eastern side...
...suit on the same cause of action on the ground that the vendor of the plaintiff has executed a rectification deed under which the wrong boundaries mentioned in the sale deed as per Ex.P7 have been...to the plaint did not tally with the boundaries mentioned in the sale deed relied upon by the plaintiff. The said sale deed has been marked as Ex.P7 in the trial Court, As against the judgment and...has already suffered a judgment and decree at the hands of the Trial Court and the same is confirmed in the appeal. Admittedly the boundaries mentioned in the schedule appended to the plaint filed in...
...purchased the suit property in S.No.230/3C by mentioning wrong four boundaries under a registered sale deed dated 27.04.2007. Since the 2nd defendant claimed the suit property by referring the above...property under a registered sale deed dated 06.07.1998 and therefore he is in possession and enjoyment over the same as absolute owner. Since on 05.04.2010 the defendants 1 and 2 destroyed the...said sale deed which necessitated the plaintiff to file an application for amendment in I.A.No.368 of 2011 under Order 6, Rule 17 of CPC seeking permission of the Court to...
...dated 06.09.1994 by
mentioning wrong boundaries, the petitioners are entitled for a declaration as sought in the suit. Once
4...Siddappa on 06.09.1994. However, in the said sale deed, the boundaries of the property was wrongly entered with an intention to grab the suit property. The suit was contested by the defendants who...the Chief Officer, Town Municipal Council, Birur Town, was rejected.
2. The plaintiffs filed a suit for declaration and consequential injunction in respect of property...
...gifted Sy.No.50/2 under a registered gift deed dated 20.04.1996. It is denied that he gifted 29 acres 1 gunta. The said extent was recently mentioned in the revenue records due to a wrong survey. The .... Defendant No.1 got Sy.No.50/2 under a gift deed on 22.04.1955 and the father delivered the possession of the property in Sy.No.50/2 suit schedule property. It is contended that defendant No.1 filed...the suit in O.S.No.279/1989 for a declaration and a permanent injunction regarding 6 acres 20 guntas of the land belonging to the plaintiffs. The plaintiffs herein, were the defendants in the said suit...
...between khasra numbers and boundaries, boundaries will prevail. I have no difficulty in accepting the proposition, if the plaintiff had also gone to court to contend that the khasra numbers mentioned in his sale ...interfering with the plaintiff's own property in the particular khasra No. falling within the boundaries, he had sought for a Commissioner's appointment to identify the property with reference to...reference to khasra numbers as well as boundaries as mentioned in the plaint and give a report. The Local Commissioner shall take assistance of the competent Kanungo which the trial court may suitably...
..., showing wrong boundaries. It is also stated that the defendants are in enjoyment of land in S.No.832/12 and the adjacent lands. It is the case of defendants that the disputed property, which is claimed by...fraudulently by showing wrong boundaries. After considering the Advocate Commissioner's report and plan, the trial Court specifically held that the plaintiff's predecessor-in- interest had no right in respect...appellant in this appeal. The case of the plaintiff is that he purchased the suit 1st schedule under a document of sale dated 04.09.2006 from one Karuthapandian and Pitchaiah, who are the sons of one...
...mistake at the time of drafting the sale-deed. 7. Defendant further averred that, the plaintiff with clever and motivated design and with malafide 6intention has shown the boundaries in the sale-...sons gave the boundaries of R.S.No.265/2 instead of R.S.No.266/3. Hence, in the sale-deed the survey number mentioned is R.S.No.265/2, but the boundaries mentioned in the sale-deed are that of lan...the spot for getting a survey conducted. At that time plaintiff came to know that there is error in mentioning of 5survey number in the sale-deed. That Sy.No.266/3 is fertile land while Sy.No.265/2 is...
...with the land bearing Survey Number 94/1 by showing wrong boundaries in the sale-deed, and in connivance with the father of the petitioner, who
Page 3 of 5...sale-deed.
5. Learned Advocate for the petitioner submitted that the land in question was originally a 'santhani' land, which was converted to old tenure by the...original grantee and thereafter it was sold by a registered sale-deed in the year 2007 to the petitioner. It is further submitted that the Deputy Collector instituted proceedings to inquire into the breach...
...filed by the defendant are in brief as follows:—The sale deed dated 11.04.2008 said to have been executed by one Visweswaran, in favour of the plaintiff is a self-serving document...mentioning the R.S. No. Viz., 1369/1. He further submitted that in the plaint schedule, the plaintiff has purposely given wrong boundaries especially on the southern side as east west 40 feet Road. He..., the plaint shall contain a description of the property sufficient to identify it, and, in case such property can be identified by boundaries or numbers in a record of settlement or survey, the...
...of fraud with regard to wrong description of boundaries in the pleadings of the second claimant.
20. Order 6 of the CPC would mandate that a person who pleads the fraud... boundaries and when it is shown to the Court that the acquired property comes within the boundary mentioned in the Sale Deed and said boundaries have been accepted by claimant No....2, while selling the property to one Lucy under Ex.P5 Sale Deed. In view of the above fact, the contention of the claimant No.2 that by playing fraud, the boundaries have been...
...transferring the same he mentioned only a part of its though the area was much more than what was mentioned in the sale deed. In this case, the factual situation is completely different inasmuch as the lands sold t...appellate court, as the facts situation is completely different which does not call for application of this principle. Mere wrong mentioning of the boundaries in the sale deed cannot give a handle to...appropriate remedy in a case in hand where by wrong and erroneous representation of boundaries, the defendant-respondent was motivated by the plaintiff-appellant to buy the entire lands within that boundar...