Possession -- When it becomes necessary for Trial Court to determine what is status of property and when possession is not disputed, who and in what part of suit property is in possession other than defendant, thus, Court may take recourse to following actions: (i) Issue commission under O.26.R.9 CPC: A determination through commission, upon institution of a suit shall..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Non filing of objections to report of Commissioner - It is incumbent upon Court to ensure that Commission Report mentions details necessary to elucidate issue in dispute, for which Commission was appointed, irrespective of whether parties have filed any objection or not to Commission Report...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Decree on the basis of report of Commissioner - In the instant case Commissioner did not go through the plaint and written statement - Commissioner could not understand the purpose for which he was deputed for local inspection - `A' and `B' schedule properties cannot be identified from the sketch..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Plaintiff seeking rejection of report alleging that report is given in collusion with defendant - Both plaintiff and defendant filed objections to report - Trial yet to commence - After completion of evidence, it is open to Court to accept or reject report - Application rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - When dispute inter se parties can be resolved merely on basis of report of Local Commissioner, Court should appoint Local Commissioner, especially when there is no opposition to such prayer...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from closing passage - Suit property is subject matter of revenue records - Revenue records do not show existence of any passage at the place claimed by plaintiffs - Rather, record shows suit property exclusive holding of defendant, part of which might have been sold to other persons -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Commissioner cannot report about ownership of articles found in premises, as said aspect is a matter for evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To report as to what part of property is constructed upon and what part is vacant - It does not amount to gathering substantial evidence - Local Commissioner will not state in his report as to who is in possession or not in possession of any part of suit property and in case Local..........
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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material alteration - Landlord examined advocate who was appointed as a Local Commissioner - He proved his report and stated that he visited spot after issuing notice to both parties and proved site plan - Courts below rightly recorded the finding that petitioner had carried out material..........
