i have 7 acres of agricultural land located in survey No 137/1,2,3,7,8 which is purchased my grand father in 1952 and 1955. He has also purchased a 1/4 ownership of a well loacted in survey No.137/4 and sold it ( as kinaru kirayam) to late.ramayammal in 1966. 137/4 is only a well of 1 aers (2.5 cents extend).
The survey No 137/4(well) is located in the middle of the land of late.ramayammal on all sides. The total land of opp. party is 7 acres and it has road approach on east and south.
But now the opp party saying that there is an ancestrol cart road exist along my patta land on westside and they destrcucted the existing "varapu" on west side. I have given a police compliant also.
I have paid fee to the tasildar to survey and show boundry of my land only. Ist time the Opp party objected for survey and asked surveyor 15 days time. When 2nd time surveyor went for survey the Opp party show a copy of papers filed as suit in local DM cout and shown the O.S.No. Th surveyor informed me that as per revenue rules he cannot survey my land and advised me to get the order for survey from court.
When i gone through the suit they have filed papers for injection for survey of my land and 137/4 ( Which is not notified by surveyor) .
I have FMB before UDR and after UDR which does not show that there is an cart road.
All of my link documents from 1905 shows that there is no cart road.
So i cant understand how a person can enter into others patta land and make a new pathway?
Once there is 30 ft approach road on east and south , can he claim a new road which does not exist?
my grand father sold 1/4 of well and clearly indicates Nangumal as : (E),(W),(S),(N) surrounded by opp party land and selling 1/4 th of 137/4 with an extend of 3 cents and within ( athiluula) the 3 cents well its pathway trees and others.
He is saying the pathway indicated is what he now encroached?
Please advise me wheather the suit filed is maintable or nor?
