Sue within 3 Years for Survey Correction of Boundaries: HC Madurai Bench

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In a case at the Madurai Bench of the Madras High Court, involving among other prayers, a prayer for the decree for making alteration in the resurvey plan, the judgment delivered dated 01 August 2019, states that, according to Section 14 of Tamil Nadu Survey and Boundaries Act, 1923, "Institution of a suit in Civil Court within three years to establish rights claimed in respect of the boundary of the property surveyed" adding that, "Any person deeming himself aggrieved by the determination of any boundary under Sections 9, 10, 11, 12~A or 12~B may, subject to the provisions of Parts II and III of the Limitation Act, 1963 (Central Act 36 of 1963) institute a suit within three years from the date of the notification under Section 13 to set aside or modify the said determination and the survey shall, if necessary, be altered in accordance with the final decree in the suit and the alteration, if any, shall be noted in the record."

The Judgment further quoting one of it's earlier Judgment in this regard, added that, "in the absence of modification by a decree in a suit under Section 14, the survey isconclusive of the correction of the boundaries.Therefore,  the court reasons that "the bar to a suit imposed by Section 14 of the Act applies only to correction of boundaries and not to questions of title."

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