Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To verify construction of shops - Plaintiff has already filed one demarcation report - Evidence has not begun - Defendant will have full opportunity to cross-examine plaintiff's witnesses with regard to demarcation report relied upon by plaintiff - Liberty is thus, granted to defendant that..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Plaintiff asserts that defendant had constructed over his land and defendant denied this fact - There is no dispute regarding boundary or identity of land - Parties have adduced evidence - Defendant has also produced a demarcation report - Justification for seeking demarcation through Local..........
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...........
Adverse possession -- Actual date of possession is neither pleaded nor proved on record which is essential ingredient to plea of adverse possession - Defendants not pleaded that they knew prior to demarcation that land which they are utilizing belonged to plaintiffs - Possession over land therefore, cannot be perfected by virtue of adverse possession - Plea of adverse..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - At the stage of rebuttal evidence plaintiff seeking demarcation of land - Plea that application is not for leading evidence in rebuttal is only for demarcation of land - Merely by changing nomenclature, prayer in the application cannot be ignored - Application rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of property - Suit for possession and mandatory injunction - Prima facie there does not appear to be any dispute regarding demarcation of land, as suit simpliciter is for possession and mandatory injunction - It is for plaintiff to prove his case and she cannot take the aid of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner for demarcation of suit land - Plaintiff had sought amendment in the suit on the ground that during pendency of suit certain part of suit land stood encroached by defendant - This presupposes that plaintiff was aware of his boundaries and only thereafter he levelled allegations against..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Not a boundary dispute - Demarcation in respect of suit property was already conducted - Unless demarcation order once passed in accordance with provisions of Land Revenue Act is set aside or there are allegations of encroachment or change of boundaries after previous demarcation, fresh..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Subsequent purchaser from co-sharers of a joint family property proceeded with construction of property without land being partitioned amongst co-sharers or divided through settlement - No demarcation has taken place over land in question - In absence of partition or demarcation, it..........
