Jeevan (Nil) 01 July 2014

Delivery of property

Hello friends,

I have filed a final decree petition and it was passed and further i filed a EP for delivery of property and by oversight instead of mentioned open site and plot in the schedule i mentioned opensite and did not mention measurments. Infact I have mentioned the boundaries correctly.

No after the delivery is effected the JDR filed a petition under Sec 47 CPC questioning the EP as the desception is wrong. There is commissioners report and a sketch for identification of property and for measurments.

friends can u suggest me the approach..my intention is to stick my defense in the counter that boundaries are correctly shown and commissoners report has a sketch so no problem with the identification of property.

Please suggest me and if any one suggest me any authority wil be of great help...

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3 Replies

Advocate Ravinder (Advocate/Attorney) 03 July 2014

When there is Commissioner Report and a sketch for identification of property and the boundaries are correct, insisting on measurement aspect is not correct. The Opponent has taken this step only to harass you. You have to convince the court. If the court did not listen, then file appeal on the rejected court order. For further doubts contact ravinder2345@gmail.com.

T. Kalaiselvan, Advocate (Advocate) 03 July 2014

The final decree was passed based on all the factors available before the court. Thus, in that the Advocate Commissioner's report too was taken into consideration, therefore, in the counter to the petition by the JD, you may mention that the same was erroneously omitted without any intention behind it, however, you can file an amendment petition to amend the EP accordingly.