Land Boudaries discrepency

Y V Vishweshwar Rao (Querist) 20 March 2009 This query is : Resolved

Land Boundaries Discrepancy ;-

A Person - X purchased 1-00 acres land with the boundaries as per the Sale document ;-

Wrong mentioned Correct actual
Boundaries as per doct. Boundaries;- Site Situation
East;- Land of A East:- Land of D
West:_ land of B West:- Land of C
North:- land of C North:- land of B
South Land of D South;- land of A

X is in possession since more than 28 years -from the date of purchase
In fact the land purchased by X is with in the in the same boundaries ,
but the East, West, North & South Pole direction are incorrect on the actual
location and the same are the boundaries -

The Pole directions are only deferring on the site , there is no other change in the
boundaries and Land .The Land is situated in the same Sy number as mentioned
in the Document .
The Same boundaries mentioned in the sale document are either on one side or
the other side .
There was mistake while drafting the sale document- unregistered
by a Village person.
The there is no possibility to get another document from the Vendor,
for the reason that after 28 years possession of X, the Vendor
is trying to deny the sale -
There is no other change in the land .
With the above Site Situation boundaries the Property is located /identified and
in possession of X since 28 years

The Third parties ( other than Vendor ) are trying to interfere with the rights & Possession of
the purchaser

I request the members to clarify on the following and inform ;-

1 Whether the purchaser can successfully maintain a suit for a decree of declaration of Title & Injunction with actual location boundaries against the third parties (not Vendor)
by pleading the mistake in the old unregistered document .

2 Any citations on this aspect my be mentioned

3 I request the valuable suggestions on this issue

With advance thanks - Y V V Rao Advocate

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sanjeev murthy desai (Expert) 21 March 2009
Dear Y. V. V. Rao,

Firstly, have a good title under registered sale Deed from the Vendors ( or his legal heirs), then you can file suit for a declaration of title & injunction against third person otherwise not.

And completely go through the that document have any time limit to get a registered document.

Vendor does not has any right to deny the execution of sale deed in favour of Purchaser. If he denies file a specific performance suit against the Vendor.

Any one does not have the right of title he cannot claim against others. But you can file suit for peace fule possession of that property against third person.

please refer this case law - 1993(4) KAR. L. J. 742.

sanjeev desai