Whether boundary walls are included in plot area ?

Anjali Arya (Querist) 19 December 2013 This query is : Resolved
I have a tenant in left portion of my shop having 4' x 18' carpet area (excluding boundary walls).

Later I agreed to sell 4' x 18' portion (in which he is already in possession) to him.

Now he is saying that he will purchase only the 4' x 18' area inside the walls.

This means that he will get area of 5'' x 18' (under left wall) for free.

What is your opinion ?
Whether the left wall shall be included in his Area ?

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Devajyoti Barman (Expert) 19 December 2013
What is the difference? HE IS GETTING ONLY THE PORTION HE IS POSSESSION. Mentioning of area would not make change in actual area to be transferred.

Anjali Arya (Querist) 19 December 2013
Total length of the portion including walls is 4'10'' x 18' in width.

Whereas I have agreed to sell only 4' x 18'.

Anjali Arya (Querist) 19 December 2013
what to do ?

Devajyoti Barman (Expert) 19 December 2013
If he is possession of the same then what is the problem even if you mention the a larger area. He is not getting anything extra even if you mention a bigger area.

Guest (Expert) 19 December 2013
Ask him a simple question, if you remove your boundary walls, what he would do to separate the portion bought by him?

The purchaser may be asked to build his own boundary wall within the area of 4' x 18' as boundary walls are owned individually in whose are that exist. You can include that clause in the sale deed.

Rajendra K Goyal (Expert) 20 December 2013
Repeated query:

http://www.lawyersclubindia.com/experts/Getting-back-extra-portion-442016.asp#.UrPG_OKLq_I

V R SHROFF (Expert) 20 December 2013
No reply against the repeated query.

ajay sethi (Expert) 20 December 2013
repeated query

Devajyoti Barman (Expert) 20 December 2013
SORRY FAILED TO NOTICE REPETITION.

Anjali Arya (Querist) 20 December 2013
Sorry ... but I did not receive satisfactary reply in the other query.

Other wise also this query was asked witha different angle.

Guest (Expert) 20 December 2013
Did you get any satisfactory reply against this query, if repeated.

prabhakar singh (Expert) 20 December 2013
Agree with answer of Dhingra ji!

T. Kalaiselvan, Advocate (Expert) 20 December 2013
Have you been satisfied by the answers by different experts despite you repeat the query?, I think Mr. Dhingra's opinion about this makes some meaning.

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