• Property boundary dispute

I am in actual possession and enjoyment of 0.22 cents land in Sy.no 4/5 as per tittle deeds and RTC and put barbed wire fencing accordingly. Where as my neighbours land in sy.no.4/6 is measuring 0.58 cents as per RTC.

Survey was conducted as per FMB Sketch and it was found that the extent in Sy.no 4/5 is 0.20 Cents and 0.60 cents in Sy.no.4/6. As such it was observed by Court Commissioner that there was an encroachment of 0.02 cents in Sy.no.4/5. 

As the Civil Courts have no Jurisdiction to try boundary disputes, I therefore wrote a letter to DDLR for rectification of FMB Sketch and the DDLR has forwarded the same to Tahsildar. The Tahsildar gave directions to the Taluq Serveyor for investigating the matter and the Taluq Surveyor in turn sent the same survey report conducted during the time of court commissioners visit to Tahsildar and further stated that Court Case is pending in respect of above Sy nos. The Tahsildar forwarded the same Taluq Surveyor’s  report to DDLR and the DDLR replied that the rectification cannot be made during the pendency of the Court Case.
Kindly advice me how to rectify FMB Sketch and what are the legal remedies available ? Should I appeal to DC ? OR once again write to DDLR ?
Asked 3 years ago in Property Law from Udupi, Karnataka
you have stated that DDLR has held that no rectification can be done during pendency of court case . wait for disposal of court case .
Ajay Sethi
Advocate, Mumbai
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Since the court case is pending writing to DC will be an otiose undertaking as he too will not do anything till the pendency of the case in court. As such, you should wait till the judgment is passed by court, and then plan your next move.
Ashish Davessar
Advocate, Jaipur
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Hi, you have to file a suit for declaration and possession of the property to an extent of 0.02 cents...... in the present case you have not sought for this relief you can file case for declaration and possession.
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
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