description of the suit property was adequately mentioned in the plaint of the
suit land but due to inadvertence, the description of the suit premises ... eviction of the defendant / judgment
debtor from the suit premises, but the boundary of the
suit premises has not been mentioned in the decree
Bombay Police Act, 1951
BOMBAY PRESIDENCY
India
Bombay Police Act, 1951
Act 22 of 1951
building already
existing on the suit land. In the Schedule to the plaint, the
description of the suit premises was given as follows :
Southern half ... description was repeated in the plaint
and there would be complications at the stage of execution to
avoid which the description of the suit premises
owner of the suit premises and the defendant-respondent No. 3 herein is a fictitious person who never occupied the suit premises. The respondent ... suit premises since the year 1974. All these circumstances would clearly indicate that the respondent No. 2 was in possession of the suit premises
suit premises.
12) It appears that Defendant No.2- Genarosa initially did not
appear in the suit and the suit was decreed ex-parte ... Shop No.1, staircase room and CI shed from
the description of the suit premises. She claimed that her husband was
running a studio from
suit premises and the suit
open ground. Since defendant No.1 is running an International
School on the suit premises and the suit open ground ... description of the suit open ground
is annexed at Exhibit "B" to the plaint and the description of the
suit premises is annexed
eviction suit is liable to
be dismissed due to vagueness and lack of detailed description
in respect of the suit premises in the plaint schedule ... with
area of the suit premises, in the notice to quit, or, non-
mentioning of area of the suit premises in the plaint schedule
SUIT NO. 793 OF 2011 :
2. As in the facts of the case, the description of the suit premises
assumes significance, the exact words used ... describe the suit property sufficient to identify the same.
35. Apart from the defective description of the suit premises, the
area of the terrace
SUIT NO. 793 OF 2011 :
2. As in the facts of the case, the description of the suit premises
assumes significance, the exact words used ... describe the suit property sufficient to identify the same.
35. Apart from the defective description of the suit premises, the
area of the terrace
rectify such error in decree by adding description of suit
premises by reference to its boundary as mentioned in body
of judgment ... Sections 152 , 153 , CPC. If
application is allowed, better description of suit premises
comes to Court for execution of decree and such correction or
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