Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Amendment sought to change of door number of property - In agreement besides door number boundaries of property also given - Where boundaries and plot numbers are mentioned in a document, mistake in the plot number has to be treated as a misdescription and does not affect..........
Civil Procedure Code, 1908, Section 151, 152 -- Eviction decree - Execution of - Warrant of possession - Returned with report of absence of survey number - Application to incorporate survey number in delivery warrant - No hardship would cause to tenant inasmuch as the property was described with correct boundaries and it was not challenged before Rent Controller as regards..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Suit for immovable property - Property if not capable of being identified by merely boundaries or numbers in a record of settlement - Plaintiff ought to have filed map of suit property annexed with the plaint - If plaintiff committed error - Defendant should object promptly - Default or carelessness of parties - Trial Court..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution for sale of property attached before judgment - Specific boundaries of property given by which property can be identified - Rejection of execution petition on the ground that door number given in attachment list and in execution petition differ - Not legal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for injunction - Encroachment of property and its boundary in dispute - Local commissioner can be appointed for measurement of property and to demarcate the boundaries of the property - However, Local Commissioner cannot go into question as to who is in possession of the property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Property described in plaint only by boundaries - Number of property sought to be clarified by way of amendment of plaint - Proposed amendment is by way of clarification only - No prejudice is likely to be caused to the defendant - Amendment allowed...........
Sale deed -- Misdescription of property - It is not the rule of law that when there is a conflict between the area and boundaries, the boundaries will prevail always - The real intention of the parties has to be gathered...........
Civil Procedure Code, 1908, Section 47 -- Ejectment decree - Dispute raised as to the identity of suit property - Area and boundaries same in notice, plaint and decree - No dispute as to identity raised during the last 37 years of litigation - No difficulty to bailiff in identifying the premises - Objection rejected...........
Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, Section 3,2(9),2(10) -- Forest land which falls between road reservation and distance of 30 metres - To be taken into consideration for necessary distance of property - Distance of 30 metres - Has to be counted from boundaries of road reservation which will necessarily include metalled..........
Sale deed -- Misdescription of property - The real intention of the parties has to be gathered from the surrounding circumstances as well as the sale deed - Whenever there is a conflict in the description of property in a sale deed or any other instrument, so far as plot number, Khata number and boundaries are concerned, generally the boundaries are to prevail...........
