Sushil Kumar Bhatia (Advocate) 12 February 2009

wrong property no.in sale deed

A new landlord filed suit for ejectment against the tenant relied upon sale deed the suit property number did not match the property in suit meanwhile the landlord got it corrected in suplimentary ammendment in sale deed but not get it ammended in suit The defendant denied landlord's title as per wrong numbered sale deed but boundaries of property in suit matched with sale deed whether suit is bad in law or not.

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6 Replies

Jithendra.H.J (Lawyer) 12 February 2009

boundary prevails

K.C.Suresh (Advocate) 14 February 2009

Suit is not bad in law. aduce evidence to and amend the suit. Boundaries are not a meterial factor if the party can substantiate the identity of the property. The landlord can use several other documents to prove his title like tax in his name, the previous documets of title etc. Nothing to worry. you can agitate strongly.

PALNITKAR V.V. (Lawyer) 17 February 2009

yes. if the suit property can be identified by the boundaries, then boundaries prevail. Wrong mention of property number is of no consequence.

Y V Vishweshwar Rao (Advocate ) 10 March 2009

Shri Palnitkar Retd Judge Views are correct and I do agree with the view expressed by him

M. PIRAVI PERUMAL (Advocate & Consumer Rights) 16 March 2009

I go with Mr. Suresh.

Prabhat Kumar (Advocate) 18 March 2009

The basic purpose of suit property number is to identify the suit property for the purpose of execution of judicial decree. If the same can be identified with the boundaries then the suit cannot be defeated solely on the basis of mentioning of wrong property no. in the plaint.