Suit for declaration
Breif summary of case:
Ourself – ‘A’ Neighbour -1 – Mr B , Neighbour -2 – Mr X
Mr A: Ram Mohan , Mr B: Nitin Kumar ,Mr C: Mr Utkarsh kumar:
In 1959, on same date three registry were done by three neighbours with their specific boundary given in the deed . The plot no for all were 147. Its three parts were sold to all three with specific boundary. Later in 1973/74 my immediate neighbour “A” came to know that the plot number in the deed was wrong. By correcting it to 148 and 149 he(Mr A) sold to Mr B in 1974.But the boundary was same.He corrected his deed somehow. But we could not correct it ,because we were unaware about this fact. Mr B sold to Mr C in 2006 with new survey no 925 (The new survey map is not available) . Mr C purchased the plot in 2009. In May 2014 he got a copy of our deed from one of my close relative (by bribing him).He then went to circle officer and told him to measure the land. He also bribed him .Circle officer took our documents. But he ordered in favour of Mr C. In his order he ignored the boundary. Also at that time we provided Circle officer the sale deed of land purchased by by Mr. ‘B in 1974 by Mr B in which it was clearly mentioned that eastern side is the land of Mr. A . He Ignored the demarcation of all deeds and plot numbers since 1959 & 1973. (He used form 17 for measurement of land as new map after survey was not available) On the basis of plot number only, he gave order in favour of Mr C that we are living there with unauthorized capture of plot 148/149 and our plot number 147 is somewhere else.(It is noteworthy to mention that the land . Even though in the sale deed on 2009 purchased by C , the eastern boundary has been shown the land of
After this order we approached to civil court in Dhanbad , state jharkhand.We have approached a lawyer , who has filed a case for Suit for declaration . Our case has been admitted. hearing was on 13th november.
suit is filed with three wishes: i) title suit declaration against C.O order,ii) permanant injunction ii) injunction on C.O order
Note- Co has not been made party , defenadants have been made party
We want some suggestions from you.
a) whether we are on correct line( with proper justification).
b) can any action be taken against the circle officer.
In their reply they have gone for counter suit ( Order VIII Rule 6A )
In their suit they are showing our land as their land as per CO report and in filing the suit they have changed their boundary of their land with original deed (They wrote the boundary of our land )
a)My question is that – is it possible to change the boundary from original deed while filing the suit (just based on the report by CO ,) when suit is under progress in court.
b)The defendants has mentioned that since CO has not been made party so suit should be dismissed . is it correct logic ?