Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Auction sale - Setting aside - Issue relating to identification and measurement had been raised in the very beginning and there are reports of Bailiff, who had gone to deliver possession stating that there was difficulty in identifying the same - In the garb of boundaries being mentioned, auction purchaser cannot..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To visit the spot for measurement of property - Suit for possession - Mere measurement of property cannot be criteria for identification of property - Whether defendants are in possession of plot No.20 or plot no.17 is a matter which has to be decided during course of trial on the basis of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - When the dispute arises with regard to identification of property and to note down the physical features, trial Court can get report of an Advocate Commissioner by appointing him and providing an opportunity to parties to cross-examine Advocate Commissioner and also Mandal Surveyor and..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To inspect the suit property - Dispute in question requires elucidation and it is local in character and can only be done by local investigation at the spot - Identification of property can only be done by a Taluk Surveyor and presence of an Advocate Commissioner would only give further..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Commissioner - It is discretion of Court to issue survey commission for identification of property in dispute if required for elucidating any matter in dispute...........
Indian Penal Code, 1860, Section 395 -- Offence u/s 395 IPC - Identification of accused through TIP, recovery of stolen articles and corroborative evidence of PW2, PW7, PW8 established the commission of offence by accused - Miscreants had carried away the property being truck as well as snatched away the silver locket and wrist watch which was recovered later on - Three of..........
Rent and Eviction -- Bona fide requirement - Eviction order - Order set aside by High Court on ground of clarity about identification of property - There is no misdescription of property - Order of eviction passed by trial Court restored...........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12 -- Production of documents - Plaintiff by way of application sought production of title record along with site plan so as to facilitate him in identification of property in question, which were in possession of defendants - However, plaintiff has not placed anything on record to show that title documents are in..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Dispute about the non-payment of acquired land by Respondent/Trust - In property Khasra No. did not mention the identification and the ownership of the property - The fact that the property fetched a larger price cannot be held against the Appellant who participated in the process and offered the appropriate..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Suit property could not be identified by Commissioner or surveyor - In absence of a clear identification of suit property, suit for declaration and injunction rightly dismissed...........
