Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Person Not an Adjoining Owner Does Not Have Right to Challenge Demarcation - Generally, only the owner of the adjoining land or someone with legal interest or title can challenge or participate in demarcation proceedings. A person without ownership or legal rights over the adjoining land cannot effectively challenge the demarcation or claim encroachment unless they establish a legal interest, such as adverse possession or easement. 2025 Supreme(Online)(MP) 9924, 2024 Supreme(Online)(MP) 40069, 2025 Supreme(Online)(HP) 7928
Ownership and Title Are Not Conferred Solely by Revenue Records - Entries in revenue records like Jamabandi do not establish ownership or confer title. Possession, actual use, and legal rights are critical, and mere record entries are insufficient to challenge or defend boundary disputes. Courts have consistently held that revenue entries are only records of possession, not proof of ownership. 2023 0 Supreme(P&H) 410, 2022 0 Supreme(HP) 686, 2025 0 Supreme(Del) 386
Demarcation Proceedings Require Proper Notice and Involvement of Owners - Revenue authorities must notify owners of adjoining lands before conducting demarcation. Failure to do so can render the demarcation illegal or unreliable. Landowners have the right to be present and participate in the process. Without proper notice or record production, demarcation can be challenged or deemed invalid. 2025 Supreme(Online)(MP) 9924, 2022 0 Supreme(HP) 686, 2024 Supreme(Online)(MP) 40069
Legal Rights to Challenge Demarcation Are Limited to Owners or Those with Legal Interest - Only owners of the land or persons with recognized legal rights (such as possessory rights established through adverse possession or easements) can challenge boundary demarcations. Those without such rights cannot claim encroachment or boundary disputes effectively. 2025 Supreme(SRI)(SC) 9796, 2025 Supreme(Online)(HP) 7928, 2025 Supreme(Online)(MP) 6355
Encroachment Alone Does Not Establish Adverse Possession - For a claim of adverse possession, the possession must be hostile, continuous, open, and for the statutory period. Encroachment or unauthorized use without meeting these criteria does not confer ownership rights. 2025 Supreme(Online)(HP) 7928
Courts Emphasize Evidence of Actual Ownership and Proper Procedure in Demarcation - Courts scrutinize whether proper legal procedures, including notice and record production, were followed during demarcation. Without adherence to legal requirements, demarcation reports may be challenged or disregarded. 2025 Supreme(Online)(MP) 9924, 2023 0 Supreme(HP) 521
Analysis and Conclusion:A person who does not own or possess a legal interest in the adjoining land generally has no right to challenge boundary demarcation proceedings. Revenue records such as Jamabandi are not conclusive proof of ownership; actual possession and legal rights are paramount. Proper legal procedures, including notice to owners and production of relevant land records, are essential for valid demarcation. Only owners or persons with established legal rights can effectively contest boundary definitions. Therefore, a person not owning adjoining land cannot successfully challenge demarcation or claim encroachment unless they demonstrate a recognized legal interest, such as adverse possession or easement.
In property disputes, is a critical process that can determine and prevent conflicts. But what happens when someone who doesn't own adjacent land wants to challenge the demarcation? The question arises: . This principle, rooted in established legal frameworks, ensures that only those with a direct stake participate. This blog explores the legal basis, key provisions, case law insights, and practical recommendations, drawing from and relevant precedents. Note: This is general information, not specific legal advice. Consult a qualified attorney for your situation.
Property demarcation involves fixing boundaries between adjacent lands, often triggered by disputes or development needs. The form the cornerstone of this process, particularly applicable in jurisdictions like Goa that retain this code. [
#PropertyLaw, #BoundaryDisputes, #DemarcationRights
Julian Fernando2, the Court of Appeal held that a co-owner may sue another co-owner of an adjoining land for the definition of boundaries. ... If a co-owner could sue a trespasser, in the same way a co-owner should be able to be sued without participation of other co-owners. However, such an action may not bind the other co-owners. ... or proceeding between himself and such pe....
The sale deed only states that the vendor was the owner, possessor and legitimate holder of the right to 1/3rd part of the property described entirely in the Land Registration Office under No.17410 at page 68 of Book B-46 (New), inscribed the same right to 1/3rd part in favour of Maria Arcangela (vendor ... Mr Mulgaonkar submitted that based upon this demarcation order, which the defendants did not even #....
So, they are not entitled for injunction. The entry in jamabandi is relevant only when the land is under cultivation. The entries in jamabandi do not confer any title on a person whose name appears in the jamabandi. ... The possession of the property on the vacant plot always vests with owner and even if the garbage is being thrown on the same by the public, it does not divest the true owner#HL_....
As per the plaintiff, he and defendant No.1 are adjoining land holders with defendant No.1 being the owner of survey No.312. Earlier there was a civil suit between the parties which was disposed off as compromised as per which demarcation had to be carried out. ... However the boundaries of the lands of the parties do not match due to which the sale deed executed in favour of defendants 2 and 3 by defendant No.1 is void. #....
Whether the Way of demarcation is not according Section 129of M.P.L.R. Code? 8. ... The learned Trial Court partly decreed the suit in favour of the plaintiffs, declaring Plaintiff No.1 as the owner and occupant of the disputed property. ... The appellants highlighted that the plaintiff had admitted in his statement to sowing crops on the disputed land and acknowledged the road adjoining the defendant’s property. ... Wheth....
It has not been reported in the demarcation that a certain portion of the Respondent No.1's property has been encroached by the Appellant No.1. ... However, the validity of the demarcation carried out by the revenue authorities is not excluded from consideration. vii. ... The learned Single Judge has also erred in observing that, because of the urbanisation, the Delhi Land Revenue Act, 1954, is not applic....
He was not owner of any adjoining land as stated by him in cross-examination. He was also not aware about the respective area of land owned by the parties. He did not know in which khasra number fencing of plaintiff was disturbed. ... It was further submitted in the plaint that during demarcation proceedings conducted by Revenue Officer on the request of defendants, though her husband wa....
Unless adjoining survey number of such owner is mentioned in the report/panchnama, how can it be gathered that encroacher is owner of adjoining survey number or is a person having no ownership on adjoining survey number. 15. ... If a person, who does not own any adjoining land then the position would be different, but if a #HL_START....
An act of forcible encroachment, as appears to be the case here, does not, by itself, mature into a claim of adverse possession without satisfying the stringent legal requirements. 13. The deufendant's challenge to the demarcation reoport, Ex. ... It Hwas further stated that the defendant, who owned the adjoining land (Khasra No. 457), constructed a septic tank, latrine, and bathroom on the suit land without the plaintiff'....
Thus, an obligation has been cast upon the person seeking demarcation to produce the record of the land of which the demarcation is sought. ... Chapter 10.3 provides that the person shall submit an application for demarcation and file a copy of the latest Jamabandi, a copy of the previous settlement map, a copy of the map prepared during the consolidation, if any, a copy of Tatima Shajra and process fee. ....
The owner as also the usufructuary or possessor in his own name has the right to compel the owner of adjoining property to contribute for the demarcation of respective boundaries between his property and theirs. The demarcation as sought in terms of Article 2340 of the Portuguese Civil Code reads thus: "Right of demarcation-
So the petitioners are entitled to get pre-emption. Learned Appellate Court did not consider the findings of learned Trial Court as reflected at page No. 6 and 7 of the photocopy of certified copy of the judgement, (annexure-f) Learned appellate Court did not consider that even an adjoining owner has the right of preemption. Mr. Acharaya in course of his submission referred the decision of Coordinate Bench of this High Court reported in 2011- Laws (Cal)-7-102 and submits that....
(b) In Bala bin Keshavbava and another V. Maharu Valad Nagu Patil and others, 20 Bom. 788, it is held hereunder: "A right to have water carried away over the adjoining land does not give its owner any power to prevent the erection of buildings on the adjoining ground so long as the arrangements necessary to the preservation of his right are made. An easement of light to a window only gives a right to have buildings that obstruct it removed so as to allow the access of suffici....
7. Having heard the learned Government Pleader, we are not inclined to examine the question raised by the learned Government Pleader because, in the facts of the present case, there is nothing on record to show that the lands adjoining to the lands in question are agricultural lands. Hence, the question of the owner of any adjoining agricultural land getting right of preemption, as contended, does not arise. We are, therefore, not inclined to examine the hypothetical question....
The locus standi of the plaintiff who was an adjoining owner, to maintain the suit, was also a subject matter of challenge. A contention was raised therein that the adjoining owner does not get right to enforce the Municipal Bye-laws as they are not meant for the benefit of the owners of adjoining land. As a sequitor of this submission, it was contended that if the adjoining owner has no locus standi, then no civil right accrues to the owner of the adjoining building to enfor....
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