UPENDRA RAO Vs. AMMINI

JUDGEMENT

(1.) Vexed legal question, having a serious impact on the property rights of persons, arising for resolution in this second appeal is as follows: When there are discrepancies, in the description of property or recitals, between an assignment deed and a true copy of the same, filed at the time of presentation of the document for registration, which will have a precedence over the other

(2.) Brief facts: Appellant is the defendant in a suit for prohibitory injunction filed by the respondent, for restraining the former from removing a fence on the eastern side of plaint A schedule pathway and for preventing him from trespassing into any portion of the property or reducing the width of plaint A schedule pathway.

(3.) An extent of 27.283 cents of land in survey No.1354/3 was purchased by the respondent/plaintiff as per Exts.A1 and A2 documents. Respondent sold 16.75 cents of land from out of the above mentioned extent. Thereafter, she is in possession of 10.533 cents, which includes the pathway admeasuring 2.45 cents. Respondent's residential building is situated in the rest of the area, which is described in the plaint B schedule. Appellant is residing on the eastern side of plaint A schedule pathway. There is a fence put up to demarcate the plaint A schedule pathway and the appellant's property. Appellant attempted to remove the fence in order to reduce the width of pathway. With these allegations the suit is filed.