Boundaries of suit property
Md. Muneeruddin
(Querist) 12 February 2009
This query is : Resolved
In a suit for declaration, the plaintiff is relying on a sale deed in which the boundary of suit property is not mentioned. Hence there is no evidence to check the boundaries of the suit property in the Schedule annexed to the plaint with the title document relied by the plaintiff.
What is the effect of this lacuna of not mentioning boundaries of the property in a registered sale deed or an agreement of sale because, it is difficult to identify the property if the boundries are not mentioned in the title documents.
Kindly provide any citation in respect of effect on the suit if boundaries of suit property is not given in the title documents?
Please advise?
PALNITKAR V.V.
(Expert) 12 February 2009
It is not necessary in each case that boundaries should be give. Please see the following rule of CPC. I did not come across any ruling relating to effect on the suit if boundaries are not given in the title documents.
O.7 R. 3. Where the subject-matter of the suit is immovable property
Where the subject-matter of the suit is immovable property, 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 plaint shall specify such boundaries or numbers
ARVIND JAIN
(Expert) 12 February 2009
THATS CORRECTLY SPELLED THE LAW.
sanjeev murthy desai
(Expert) 17 February 2009
I agree with above veiws,
Your suit is only for declaration of the property but not for identify of the property.
sanjeev desai
A. A. JOSE
(Expert) 18 February 2009
Palnitkar sir has rightly replied.
