Boundary prevails over area of the land

Querist : Anonymous (Querist) 10 April 2010 This query is : Resolved
Respected members,
Can anyone provide the ruling/citation or any article on "Boundary prevails over area of the land". Land is identified by the boundary it keeps." If there is discrepancy over area, boundary shall prevail" Etc.
THanks to all.

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Raj Kumar Makkad (Expert) 10 April 2010
In my knowledge there is no such citation nor can it be because it is not the boundary rather it is the measurement of area which should prevail over any dispute of area. If I construct my wall in the open adjoining plot then I have got no right, title or interest to claim ownership of encroached area so measurement is the only way.

R.R. KRISHNAA (Expert) 10 April 2010
BOUNDARIES PREVAIL OVER EVERYTHING.
Citation: 2006 (5) CTC 180

niranjan (Expert) 10 April 2010
Pl.see commentary under sec,21 of Registration Act.There is citation.Even if the measurement differs,the boundaries prevail over.

Querist : Anonymous (Querist) 10 April 2010
Respected Experts Thanks for the prompt reply.

N RAMESH. (Expert) 11 April 2010
The concept that "boundary prevail over the area" is applicable only where there is confusion and dispute over the measurements of the land. If the measurement, extent and description of the property are clear, then the concept is not applicable.

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