Specific Relief Act, 1963, Section 26 -- Rectification of decree - By incorporating boundaries and extent of property agreed to be conveyed - Where property is not described with reference to boundaries at all in suit agreement and only extent is specified, there is no scope for any ambiguity in the identification of property covered by agreement for it to be followed up..........
Civil Procedure Code, 1908, Section 152 -- Amendment of plaint and decree to incorporate boundaries and alter the extent cannot be freely granted after decree has became final by long drawn litigation - Court should be extremely cautious in its approach since serious prejudice would be caused to defendant who is already worsened in litigation...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Decree for declaration and possession - Petitioner claimed to be owner of suit property by way of Will and contended that boundaries of suit property not mentioned in the plaint - However, record shows that boundaries of suit property are mentioned in the plaint - Moreover,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party at appellate stage - Partition suit - Petitioners seeking their impleadment stating that boundaries of suit property are wrongly mentioned in the suit - However, no boundaries were disclosed in the sale deed in question - Moreover, it is difficult to believe that these revisionists did not have..........
Agreement to sell -- Specific performance - Identity of property is not clearly established as there are no boundaries mentioned in any of three documents - Even there is no consistent and acceptable evidence on the side of plaintiff with regard to exact property number - Plaintiff failed to prove the agreements in question with acceptable evidence - Suit rightly..........
Specific Relief Act, 1963, Section 38 -- Suit for fixation of boundaries by way of demarcation of land and for permanent prohibitory injunction as well as for possession - Proof beyond pleading - Court not to look into that aspect - As no specific evidence, whatsoever has been led on record to prove averments contained in plaint where specific allegation of interference,..........
Transfer of Property Act, 1882, Section 54, 8 -- Transfer of ownership - Registered sale deed - Incorrect description of structure standing on land - Does not vitiate sale, if boundaries are given and they are definite, land that is conveyed is the land situated within those specific boundaries along with structure standing on it - If vendor had no intention to sell some..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Delivery of property with different boundaries - Not permissible - Executing Court cannot go beyond the decree and grant relief to DH by delivering the property with different boundaries not tallying with decree - It is for DH to file a petition u/s 152 CPC for amendment of judgment and decree and also plaint...........
Maxim -- `Boundaries prevail over extent' - Not applicable when demarcation of boundaries of property is absent...........
Specific Relief Act, 1963, Section 26 -- Rectification of instrument - An assignment deed cannot be rectified without pleading and proving fraud or mutual mistake of parties - Merely on proving the boundaries in a suit of this nature, a plaintiff cannot succeed without satisfying the essential legal requirements - Absence of material pleadings required for seeking..........
