The court ruled that the demarcation of property is necessary for complete adjudication of disputes over its location, despite the identity of the property being undisputed.

JUDGMENT

Navin Chawla, J. (Oral)

This petition has been heard through video conferencing.

1. This petition has been filed challenging the order dated 04.02.2020 passed by the learned Additional District Judge-01, North West, Karkardooma Courts, New Delhi in Suit, being CS No. 167/2016, dismissing the application of the petitioner/plaintiff in the Suit filed under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (hereinafter referred to as `Code'), wherein the petitioner had prayed for a direction to the Revenue Officials to demarcate the suit property and file a report with respect thereto in relation to the questions framed and stated in paragraph 6 of the said application.

2. The petitioner herein has filed the above-mentioned suit claiming ownership to a plot of land admeasuring 135 Sq. Yards out of Khasra No. 187, Village Ghonda Gujran Khaddar, Delhi. The petitioner further states that the respondent is a tenant in a building built on 60 Sq. Yards of the said land numbered as House No. A-100, Gali No.21, South Gamri Ext. Ghonda Delhi-110053. The respondent no. 1 filed his written statement inter alia contending therein that the suit property in his possession is situated in Khasra No. 85, 86 and 87 of Village Gamri, Delhi situated in abadi of Gamri Extn., Delhi and that the petitioner has no concern with the same.

3. In the suit, the learned Trial Court has framed the following issues on 26.05.2016:

"1. Whether the plaintiff is entitled for decree of possession as prayed in the suit? OPP

2. Whether the plaintiff is entitled for decree of declaration as prayed in the suit? OPP

3. Whether the plaintiff is entitled for decree of permanent injunction as prayed in the suit. OPP

4. Relief."

4. Thereafter the petitioner filed an application under Order XIV Rule 5 of the Code praying for the framing of an additional issue with respect to the location of the property as also for seeking demarcation of the property through the revenue officials. The said application was dismissed by the learned Trial Court vide its order dated 11.04.2017 observing as under:

"No doubt there is a dispute between the parties about the exact Khasra number but there is no dispute regarding identity of the property. It is for the parties to lead evidence and to show in which exact Khasra number, property is situated and in case of a need, they can examine the revenue officials also to prove the land record and to get the property demarcated, if need arises but at this stage, there exists no ground to reframe the issue or to frame any additional issue as prayed for when there is no dispute regarding the identity because plaintiff is describing that the suit property is in possession of the defendant as a tenant in respect of part of the property and as an unauthorised occupant in respect of the another part whereas defendant is claiming its ownership. Plaintiff himself is sure regarding location, situation and identity of the property allegedly belonging to him and it becomes immaterial fact at this stage whether it is falling within a particular khasra number or another. I find no ground to allow this application and there is no requirement to demarcate the property from any revenue official at this stage. Same is hereby dismissed with costs of Rs.1,000/- payable by the plaintiff to the defendant no. 1."

5. The petitioner then filed the aforesaid application under Order XXVI Rule 9 of the Code, which has been dismissed by the learned Trial Court vide its Impugned Order dated 04.02.2020, p