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M.JAGANNADHA RAO
N. Savitramma – Appellant
Versus
B. Changa Reddy – Respondent
Key Points: - The court explains that a plaintiff may obtain an Advocate-Commissioner to note physical features of the land as on the date of suit to prevent features from being obliterated, and that delaying could frustrate the purpose of best evidence (!) (!) . - It holds that the trial court has wide discretion on when a Commissioner can be appointed, including before issues are framed or even ex parte, and that notices may follow after appointment (!) (!) (!) . - The judgment supports appointing a Commissioner to note physical features (local investigation) while reserving localisation of land boundaries or title deeds for possible later commission after trial, with separate appointment if needed (!) .
( 1 ) THIS is a revision preferred by the defendants against an order refusing to appoint a commissioner under Order 26 Rule 9 of the Code of Civil Procedure. Tne suit was filed b/ the respondent plaintiff for a declaration of his title to the plaint schedule property and for parmanent injunction. Tha plaint schedule describes the land as bsing a n extent of 3 acres and 14 cents with Fruit bearing trees in S No 94/1 of Nadigadda village. The respondent plaintiffs case was that the suit property was originally owned by Addanki Nagaiah and his four sons jointly and they executed a registered sale deed in favour of the respondent-plaintiff on 12-1-1969 and put him in possession. The plaint also admits that the defendant-petitioner s family got one half share and that later there was a further division and the southern half share fell to the defendants and the northern half. Share fell to the plaintiff predecessors-in-title. In the northern half share thereara 38 mango trees and the southern half share allotted to the petitioner defendants was fully covered by a mango garden. The plaintiff alleges that there is no seperate fence dividing the 38 mango trees on the n
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