Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - When there is a title dispute yet to be adjudicated in the suit, demarcating boundaries as per documents produced by parties, would not be proper - If plaintiff succeeds to prove his title, then in such a case further steps of fixing boundaries and demarcating boundaries would arise - But..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Land demarcated by Revenue Authorities before filing suit - However, Tehsildar, who conducted demarcation died before plaintiff could conclude his evidence - Fresh demarcation by Revenue Authorities will take indeterminate period for adjudication - Trial Court to appoint Revenue Officer as..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of land - By appointing a commission to demarcate the land will not amount to collection of evidence in favour of one party for the reason that result remain a contingent and may favour either or none of parties - Application allowed...........
Agreement to sell -- Specific performance - Plaintiff proved that he paid Rs.1,50,000 towards part sale consideration and executed the agreement and also paid a further sum of Rs.65,000 - However, defendants did not demarcate the suit property in terms of agreement of sale - Case of plaintiff was corroborated by PW2, who was present at the time of execution of agreement -..........
Civil Procedure Code, 1908, Order 21, Rule 35, Civil Procedure Code, 1908, Order 20, Rule 12, Civil Procedure Code, 1908, Order 7, Rule 3 -- Execution - Decree for possession and mesne profits - Description of property - Suit was in respect of Plot No.4/4 and mesne profits and damages were awarded in respect of said plot - Decree thus, not executable against adjacent plot..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for permanent injunction - Both the parties claiming right over suit property - Moreover there is claim and counter claim of construction on the spot - Appointment of Tehsildar as Local Commissioner to visit spot and demarcate property after notice to parties and submit his report regarding..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner to demarcate suit property - Sought by defendant when case was fixed for evidence of plaintiff - Application is pre mature - Defendant is at liberty to file application for appointment of Local Commissioner at the stage of his evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Measurement and demarcation of suit lane by measuring property of both plaintiff and defendant - Injunction suit - Dispute as to encroachment of suit lane - However, there is no material on record to show what are the measurements of lane and by what document and what is encroachment..........
Constitution of India, 1950, Article 245, 246 -- Legislative power - Conferred by Art.245 - Not by entries in lists given in Sch.7 - Entries only demarcate legislative fields of respective Legislatures...........
Specific Relief Act, 1963, Section 12(3) -- Relinquishment - S.12(3) of the Act permits a party to an agreement to relinquish a part of the agreement which is not enforceable - However, it should be possible to identify and demarcate that part of the agreement which is not to be enforced...........
