Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for permanent injunction cannot be maintained without a proper and identifiable description of immovable property, including boundaries or a map/sketch, as mandated U.O.7.R.3 CPC...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to provide a clear and identifiable description of property, including boundaries, which renders suit unsustainable - Plaintiff ought to have taken steps such as seeking a commission, to identify disputed property - Failure by plaintiff to take appropriate steps to substantiate his claim, he..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Advocate Commissioner can be appointed to note down physical features of suit property which would include the exact location of property so as to survey number and boundaries existing with regard to suit property...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Auction sale - Setting aside - Issue relating to identification and measurement had been raised in the very beginning and there are reports of Bailiff, who had gone to deliver possession stating that there was difficulty in identifying the same - In the garb of boundaries being mentioned, auction purchaser cannot..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Advocate Commissioner can be appointed in a suit for perpetual injunction only where there is a serious dispute pertaining to boundaries or identity of property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction over portion of property purchased by plaintiff - Specific share has been purchased by plaintiff as is reflected from sale-deeds executed in her favour - Therefore, if other party is encroaching upon her share, she can seek injunction in that regard..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment only seeks to rectify a clerical error in the description of property boundaries in the plaint schedule by interchanging the southern boundary with the northern boundary - Amendment is merely sought to correct a clerical mistake in the boundary description and does not alter the substance of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change the boundaries of suit property , as boundaries shown in the original sale deed had been set out in the schedule by inadvertent mistake and corrected boundaries as per rectification deed have to be included in the schedule - Defendants were always aware of fact that original..........
Registration Act, 1908, Section 78, Kerala Stamp Act, 1959, Section 2(d) -- Schedule - Rectification deed - Document in question simply correcting wrong description of boundaries of certain items of properties and not at all a conveyance or a sale deed transferring any right or interest over the property - No stamp duty has been prescribed for a deed of rectification under..........
Rectification deed -- Wrong description of boundaries, survey number or any other description of property which does not create, transfer or record any fresh right can be rectified through rectification deed...........
