Measurement mistakes in the deed
mahesan
(Querist) 15 July 2014
This query is : Resolved
suit property’s boundary measurements are wrongly stated in the Release deed dated 30.11.2011 and sale deed dated infavour of A dated 13.12.1958.Originally boundaries of the property is as follows;
East-west bothside 49 feet and north-south bothside 22 feet ,
but same was mistakenly states that
East –west both side 22 feet and north-south both side 49 feet. `
My doubt is following prayer is maintainable or not? civil court is have power to pass decree in following prayer? it any alternate?
Declaring that the correct boundary measurement of the suit property in the sale deed dated 13.12.1958, Document No. 2148/1958 Palladam S.R.O, infavour of A. Muthusamy is East-West bothside 49 feet and north-south bothside 22 feet.
V R SHROFF
(Expert) 15 July 2014
ADVOCATE MAHESAN,
As 1958 agr is too old,
the area in possession is vital factor.
If your client occupy that area, as per north -south 49 ft, you can do it.
Once in possession, the AGR area is typographical mistake, as TOTAL AREA REMAINS SAME, ONLY DIRECTION OF PLOT WAS MISLEADING..
yOU NEED TO SUPORT YOUR CLAIM THRU NEIGHBOURING LAND OWNER'S DOC.
mahesan
(Querist) 15 July 2014
Other land owners not raise the disputes. Vendors only not come forward to rectifify the error. Hence my client filed thr suit against the vendors. Nowrong entry inthe revenue records
Rajendra K Goyal
(Expert) 15 July 2014
Still the position about possession is to be replied / clarified by the author as pointed out by the expert VR SHROFF ji.
