Civil suit wrong boundaries

Based on your scenario where you purchased property based on incorrect boundaries, and after discovering the mistake (or alleged fraud) through a survey, here's how you can proceed with both civil and criminal remedies:

1. Can you file a civil suit for getting the property at the correct boundaries?

Yes, you can file a civil suit to get the property at the correct boundaries.

• Since the boundaries of the property mentioned in the sale deed are incorrect and the vendor had misrepresented the land's location, you can approach the court for rectification of the sale deed.
• A suit for declaration of title and rectification of boundaries could be appropriate. In this case, you are seeking to clarify and correct the boundaries and ensure that the property you have purchased is as per the agreed-upon terms, and to reflect the accurate survey numbers and measurements.

You may file a civil suit for declaration of title and rectification of the sale deed or specific performance if the vendor refuses to cooperate in executing a rectified deed.

Kind of Suit:

• You would likely need to file a Title Declaration suit if the boundaries are incorrect and you seek to correct the ownership and boundaries in the legal records.
• Alternatively, if you believe that the vendor's actions constitute fraud or misrepresentation, a suit under the Specific Relief Act (for specific performance of contract or rectification of the deed) may be more suitable.

2. What kind of suit should you file: Title Declaration or Specific Relief Act?

• Title Declaration Suit: If the issue lies in the ownership and the vendor has misrepresented the property (including the boundaries), a suit for declaration of title is suitable.
• Suit under Specific Relief Act: If the sale deed itself is incorrect or needs rectification, you may file for specific performance or rectification of the deed under the Specific Relief Act. This would help in getting the deed corrected to reflect the accurate boundaries or canceling the deed if necessary.

Suit under Specific Relief Act (Section 26):

• Section 26 of the Specific Relief Act allows for the rectification of contracts, including sale deeds, when there is a mistake in the document (such as incorrect boundaries in the sale deed).
• If the vendor is unwilling to cooperate, you can approach the court for a rectification or cancellation of the deed.

3. Can you file a criminal case for trespass since the boundaries are different?

Yes, you can file a criminal case for trespass, but the basis would depend on the specific circumstances:

• Criminal Case for Cheating: If the vendor fraudulently misrepresented the property boundaries to you during the transaction, you can file a criminal complaint for cheating under Section 420 of the IPC. This would apply if the vendor intentionally deceived you by showing the wrong boundaries and made you pay for land that was not what was represented.

• Trespass: If the vendor or any other party is illegally occupying or entering the land after the sale, you could file a criminal complaint for trespassing under Section 441 of the IPC. Trespassing involves unauthorized entry into or occupation of someone else's property. In this case, you can file a complaint if the vendor or others have entered your land after the sale, knowing that you are the rightful owner.

• Section 420 (Cheating): If the vendor knowingly misrepresented the boundaries to you, this is cheating, and you can file a criminal complaint under Section 420 IPC, which would allow you to seek restitution (either a rectification of the property documents or return of your money, if possible).

Summary of Actions You Can Take:

1. Civil Remedy:
   • File a civil suit for declaration of title and rectification of boundaries.
   • Alternatively, file a suit under the Specific Relief Act for rectification of the sale deed or for specific performance if there was a contractual breach.
2. Criminal Remedy:
   • If there was fraud or misrepresentation by the vendor, file a criminal case for cheating under Section 420 IPC.
   • If the vendor or others are trespassing on the property (after the sale), file a criminal case for trespass under Section 441 IPC.

It's advisable to consult with a property lawyer to get the proper guidance on how to proceed with both civil and criminal remedies, as each case can have unique facts and nuances that require legal expertise.