Defendant in the suit
Ravinder Sood
(Querist) 19 August 2012
This query is : Resolved
four brothers jointly purchased property in the year 1970. However mutation was sanctioned by the revenue authorities in the name of five persons due to misreading of sale deed or inadvertantly.This mutation was reflected in revenue record / jamabandies. four brothers are in possession of the property purchased by them. However in the revenue record five persons are recorded to be owners in possession of the property. This mistake came in the knowledge recently.THERE EXISTS NO SUCH FIFTH PERSON FROM THE VERY BEGINING. When approached the revenue authorities, they showed their helpness in correcting the revenue record and advised to file a civil suit. My query is
(1) Against whome suit will be filed ?
(2) Who will be impleaded as defendant and
what relief will be claimed against him
(3) Averments as to cause of action?
Advocate M.Bhadra
(Expert) 19 August 2012
A suit for Declaration to be filed against the person no.5(five)as Defendant no.1 who is not original owner and Revenue Department as Defendant no.2 who are wrongly inserted the name.
venkatesh Rao
(Expert) 19 August 2012
I think the remedy lies with revenue authorities only. Pl. go through the revenue manual of your state and file a petition before proper forum mentioned in the revenue manual.
Ravinder Sood
(Querist) 19 August 2012
Thanks Mr. Minasu Bhadra
problem is that there is no person no. 5 in the world.He never existed.His name finds only in the revenue records.
