Surya R (business) 14 July 2025

Shown land at wrong location

I purchased land in 2007 at Sy. No. 123/F3 by mentioing Sy. No. 123/F3 in sale deed, but recently came to nkow that actually shows other location land in Sy. No. 126 with boundaires different from Sy. No. 123/F3.

Itakes possession, but later realizes he was misled and land at Sy. No. 126 is also not belongs to seller and out of Sy. No. 123/F3.

Now seller builded house in sold Sy. No. 123/F3.

If I wants the correct land in Sy. No. 492/F3 and tak possession, I should file a suit for specific performance or DECLARATION OF TITLE, RECOVERY OF POSSESSION & RECTIFICATION OF BOUNDARIES PLAINT?

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Quick Summary

This discussion addresses a situation where land was purchased based on a sale deed referencing a specific survey number, but the actual land shown and possessed was at a different location. The seller has also built on the original survey number. The buyer is seeking advice on whether to file a suit for specific performance or a declaration of title, recovery of possession, and rectification of boundaries. The consensus is that the current suit filed for declaration of title, recovery of possession, and rectification of boundaries is appropriate and likely does not need amendment, but following the advice of their legal counsel is paramount.

5 Replies

T. Kalaiselvan, Advocate (Advocate) 14 July 2025

You can file a suit for specific performance of contract seeking direction to the seller to deliver physical possession of the property as per the registered sale deed failing which the court to deliver the same at the cost of vendor.

Surya R (business) 14 July 2025

but we allready filed DECLARATION OF TITLE, RECOVERY OF POSSESSION & RECTIFICATION OF BOUNDARIES PLAINT.do weed to amment suit

current prayer

i. That the plaintiffs may be declared as owner of the suit schedule property.

ii. That the defendants may be evicted from the suit schedule property and vacant possession may be delivered to the plaintiffs, by removing the illegal structure raised by the defendants in the suit schedule-Il property.

iii. That the mesne profits of Rs.5,000/- per month may be awarded against the defendants, from the date of filing of the suit till the possession is delivered, to the plaintiffs.

iv. Mandatory injunction may be granted directing the defendant No. 1 to rectify the boundaries in Regd. Sale Deeds as per existing on the spot, as shown in suit schedule-Il (a) & (b).

v. Costs of the suit may be awarded; and

vi. Any other relief or reliefs as the court feels fit and proper under the circumstances of the case may be awarded, in the interest of justice.

Dr. J C Vashista (Advocate ) 14 July 2025

It is perfect, no need to amend the suit.

Follow the advise of your lawyer who is well aware about facts of the case, an able, competent and intelligent enough to satisfy your questions.

T. Kalaiselvan, Advocate (Advocate) 14 July 2025

Since you have already filed the suit on the advise of your advocate, any opinion rendered by experts here is not going change the case, hence you may proceed accordingly.