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MPM (Er)     29 January 2015

Declaartion suit

I require an expert advice/suggestion in Civil Matter as under .

Ii want to know about the importance and under what circumstance the Declaration suit in filed in court. In my case my property X is in village A and opponent property Y is in Village B as per Survey Map of Land department, Tirunelveli.

There is always quarrel between us and opponent regarding the boundary. In between the opponent has encroached the land by building a wall and also they had filed original suit for permanent injunction order in 2005 whereas they suit has been dismissed in 2007. After this my lawyer has not taken any step to demolish the encroached wall.

my village A is RS and opponent village B is TS. when RS surveyor measures he shows my land correctly whereas when TS surveyor measures he shows opponent land in my survey.

In what way i demand my measurement as per survey map from surveyor.

kindly advice in this matter, my queries are

whether i can file declaration suit for my property?

By filing the declaration suit whether i can demolish the wall in case suit favour to me?

what documents i need to be produce to court for filing declaration suit?

Filing declaration suit is right option or not, whether any other option is there?

Thanking You,

M.Palani Murugan



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