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Anyony MJ   01 April 2024

Boundaries prevail over all other descriptions

I filed a case for recovery of posession and my case was dismissed because boundaries of my deed does not tally on ground.(there is error)
Opponents quoted supreme court judgements to contest their view that  boundary of their land should prevail as mentioned in their deed ,
1) subhaga & Ors vs Shobha & Ors  Citation:2006(5) SCC 466
2)Arsad SK. and Another Vs. Bani Prosanna Kundu and Others, reported in 2014 AIAR (Civil) 624
3)Ramisetty Venkatanna and Another Vs. Naryam Jamal Saheb and Others 2023 SCC OnLine SC 521

In above judgements supreme court took the view boundaries should prevail.
how to counter this and make a case for survey number?



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     01 April 2024

This is a practical issue.

It is not known what was the error in the boundaries you have shown before the court in your suit and why court has taken this step to dismiss the suit.

You may plan to prefer an appeal if you feel that you have been done any injustice on it. 

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