Area differed in sale deeds of seller & purchaser and easement right case
Querist :
Anonymous
(Querist) 02 December 2011
This query is : Resolved
‘A’ had two houses/buildings in a plot. Between the two buildings a four ft wide straight service lane exists. 30 years back, ‘A’ sells one building to ‘B’. Area mentioned in the sale deed as 600 sq ft without length and width details. After 14 years, ‘B’ sells this house/building to ‘C’ but area mentioned in the sale deed as 800 sq ft with length 40 and width 20 ft. While, he clearly declaring – he is selling the same house which he purchased from ‘A’. One another statement/declaration exists – whatever rights and uses he has in this house are transferring to ‘C’. According to area and dimension mentioned in the sale deed, excess length of 10 ft overlaps the lane and one third of the open area of ‘A’ but ‘C’ occupied and possessed only 650 sq ft by shifting the lane triangularly 4 ft toward ‘A’s open area and reconstructed the house accordingly. 5 years back, ‘A’ sells his second house/building with its remaining open area (after 4 ft occupation by ‘C’) to ‘D’. Now, ‘D’ is reconstructing the house with covering two third of the remaining open area. But ‘c’ objecting and filed easement right case, claiming that, besides one third open area adjacent to the building/constructed part the remaining two third open area was always in his use and before him it was always in previous owner’s (‘B’s) use.
My questions are –
1- Is the sale deed of ‘C’ valid? And/or in what extent it is valid or invalid? What may be consequences if ‘D’ raises this issue?
2- Despite other facts, by excess area and length (more than seller ‘B’s original area) mentioned in the ‘C’s sale deed, can ‘c’ get some supports/advantage for his claim of easement right?
