Pavan 04 April 2023

Civil suite

My father purchased property in year 2007 with link document as pahani.

We had filed civil suite against vendor for permanent injunction since vendor only claiming sold property. Since pahani don't contain boundary information, vendor had given 2 false boundary names

Recently we observed that the length and widdth of property is wrong and 2 boundaries names are wrong

Query:

1] n same permanent injunction suite, can we also file praying to court to declaration of boundaries and measurements

2] Since link was pahani, can wrong boundaries names will effect ownership of property

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6 Replies

Real Soul.... (LEGAL) 04 April 2023

Yes you should get directions from court to record the property as per its physical location and as per actual area.

Shashi Dhara 04 April 2023

File the declaratory suit against vendor.

Pavan 04 April 2023

Sir but as per this video https://youtu.be/NuEL97DPbA4 latest judgement for one cause of action if perminant injunction order is prayed then we cant pray for suite for specific performance.

So do I need to file new declaratory suite?

T. Kalaiselvan, Advocate (Advocate) 04 April 2023

Pahani cannot be a title document, it is just a revenue document.

Since the boundaries are not properly mentioned, first you get the property surveyed by government surveyor, identify your property with proper demarcation and then file a suit for declaration to declare the correct extent and boundaries of the property you purchased by a registered document.

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Shashi Dhara 04 April 2023

Whoose possession is land is,who is cultivating ,when you filed suit ,claim adverse possession discuss with your advocate.