Boundaries prevail over the survey number. How true is it?
Respected Lawyers
We bought a plot P 30 yrs back from vendor D. This plot was once owned by person A. Both A n B are brothers. Both A n B used to have agri-lands in 2 survey numbers 45/1 and 45/5. This plot P is sold thrice previously once in 1960 to person C (A to C), next in 1970 to person B(C to B) (A's brother). The third time, our vendor D bought from C (C to D). We are the 4th buyer. In all the 3 sale deeds, the survey number is the same 45/1 and the 4 boundaries have been the same. But, currently, this plot with the same boundaries actually comes under survey number 45/5 in the current scenario. Our neighbors who bought from vendor B also had survey number 45/1. But, they have got it changed to 45/5 as per the tahsildar order which can be found in the mutation register in the 1980s. That order says the survey number was changed from 45/1 to 45/5 as the boundaries match. We are not able to find such an entry for our plot P. But our plot's survey number changed to 45/5 in the pahani from the second year of D's purchase mostly as per the unregistered rectification deed signed by their vendor B which says survey number should be changed from 45/1 to 45/5. We bought this plot from D in 1990 in the survey number 45/5. So the court says our vendor bought in 45/1 and sold in 45/5.
One person, X appeared with a sale deed (between his father and person A)from 1965 which has a survey number of 45/5 and boundaries are different from ours. His name appeared in the pahani in 2010 for the first time after his father bought it in 1965. As per the boundaries mentioned in the sale deed of 1965, to his east is person B's property( ie ours as of now). But he sought for declaration and permanent injunction against us claiming that we interfered in his property. and the court granted. The court said our vendor D sold the wrong property to us ie D has property in 45/1 but sold in 45/5 which D doesn't own. But as per the boundaries in X's sale deed, his property might be to our west. n The land to our west has been acquired for the road. We want to construct a building or at least a fencing there to protect. People around say one should have constructed something when it's bought to safeguard it. but without enough money, how will one construct.
Pls guide how to prove to the court that we are the rightful owners of our property in the sy no. 45/5 and we are not interfering with the X's plot.
Supreme court judgment says "Boundaries prevail over the survey number" .But how to use it for our case?
Asked 2 years ago in Property Law
Religion: Hindu
There was a typo in the line "The third time, our vendor D bought from C (C to D). " it should be The third time, our vendor D bought from B (B to D).
Thank you for your replies.
1. We are not able to find the entry in the mutation register which mentions the hissa number change from 45/1 to 45/5. But there are such entries for our neighbors- where tahsildar has signed for the change in the hissa number based on the boundaries. It's said the plaintiff was working in the record room and has destroyed many such documents as we work as a real estate agent.
2. Court has said that these are 2 distinct properties. But they didn't order for survey by the court commissioner. The opponent just had sale-deed for 55 years. They have no entry in the pahani till then. only in 2010, they got mutation done to son's name and name appears in since then. they have good connects in the tahsildar office. their lawyer has managed to convince the court that we should find our plot in the 45/1 and not in 45/5 using our documents. But the fact is our plot's boundaries fit only in the current 45/5. Our neighbors who had bought the lands from B in 1960s also had 45/1 as the survey number in their sale deed. But they got it changed to 45/5 in 1985.
3. The boundaries in the opponent sale-deed say his plot comes to our west. But there is Road to our west. So he wants to claim our plot.
4. Our lawyer said, go back to 45/1 through a rectification deed from our vendor and then find your plot. But it's not there in 45/1
5. Cant we use the neighbors' mutation entry to prove that ours also is mutated to 45/5 from 45/1 though it's missing in the MR register?
6.ours is alienated plot in they survey num is 45/5A1 and paying tax since we bought.
7.permanent injunction against whom can we apply?
8. What are the consequences if we start construction as we have permission from the panchayat n the district development board?
Asked 2 years ago
Thank you all.
I would like to share some new observation reg. this.
1. Brothers A and B have sold 4 different plots to 4 persons mentioning survey num as 45/1. These 4 persons' boundaries clearly establish that they are all neighbors.
2. Even RTC of 45/1 reflects the same.
3. But from the 1980s, All the 4 persons got entry in 45/5 survey number in RTC. All the other 3 except our vendor have entries in the MR that their survey number is changed to 45/5 and approved by the Tahsildar.
4. Our opponents entered the scene only in 2010 using the certified copy of sale deed from 1965. Their survey number is mentioned as 45/5 with Different boundaries from ours. it says the opponent's plot comes to the west of C (our current possession). but then the other 3 boundaries wont match.
5. But they appealed against us that we interfered in their suit and have got declaration & permanent injunction decreed for that suit in 2015.
6. What does this decree mean for us? They submitted only their sale deed copy and all our sale deeds n convinced the court that we are supposed to go back to 45/1.
7. Why did the court even let them appeal against us as our boundaries are distinct (court also has told 2 distinct properties) ?
8. We have provided every possible proof including neighbor's entries in MR reg. change of hissa number, tax paid receipts, alienation order by the special DC which changed our survey num to 45/5A2, atlas copy which shows 45/5A2, RR copies. But court seems to have ignored all these and said our vendor colluded with revenue officials and got entry in 45/5.
9. Our lawyer filed RA for permanent injunction which got dismissed saying permanent injunction cant be given without filing for declaration
10. Now he has filed for bearing injunction which is ongoing since 2 years.
11. one high court lawyer said we should have appealed in the high court. we are ignorant about legal issues.
12. Can the opponent be able to claim our plot as his?
Asked 2 years ago
Thank you all again for very good advices
1. We showed the judgment to a new lawyer. He said our property and the suit schedule property are 2 distinct properties just as mentioned in the judgment. So he said no litigation should have been raised at all.
2. He also thinks our lawyer didn't present our side facts properly.
3. he says just bcoz his property comes under the same survey number, he cant appeal against us claiming we tried to interfere with his suit.
4. PLEASE GUIDE ON THIS POINT : Can now our vendor D register that 40 year old rectification deed between D and B which mentions about the change of hissa number from 45/1 to 45/5 ? B has passed away, though. but the rectification deed has his signature.
Asked 2 years ago
