Back
AJAY MOHAN GOEL
Jaswant Singh – Appellant
Versus
Meera Devi – Respondent
JUDGMENT :
(Ajay Mohan Goel, J.)
By way of this petition, filed under Article 227 of the Constitution of India, the petitioner has challenged order dated 21.11.2023, passed by the Court of learned Senior Civil Judge, Rampur Bushahr, District Shimla, H.P., in terms whereof, an application filed by the petitioner under Order 26, Rule 9 of the Code of Civil Procedure, seeking appointment of a revenue officer as a Local Commissioner to demarcate the suit land has been dismissed.
2. Having heard learned counsel for the petitioner and having carefully gone through the order passed by the learned Trial Court, this Court does not finds any perversity in the impugned order.
3. The suit filed by the petitioner, as is evident from the copy of the plaint which is on record as Annexure P1, demonstrates that the relief prayed therein is for a decree of permanent prohibitory injunction restraining the defendant from extending the roof of her newly under constructed house over the suit land and the roof of the house of the plaintiff etc. Decree for mandatory injunction ordering the demolition of extended portion of the beams of the third storey of the house of the defendant etc. has also been prayed
The party alleging a boundary dispute must prove its allegations and cannot abuse the provision of Order 26, Rule 9 of the Code of Civil Procedure to create evidence.
The plaintiff must provide independent and reliable evidence to prove the encroachment and cannot invoke the provisions of Order 26, Rule 9 of the Code of Civil Procedure to generate evidence.
The main legal point established in the judgment is that the Court has the jurisdiction to appoint a Local Commissioner for demarcation of land in a boundary dispute, and such appointment does not am....
The prime duty of the Court is to arrive at the truth of the matter and to adjudicate upon the issues brought before it in light of such truth.
A plaintiff cannot seek a Local Commissioner to gather evidence if there is no substantial basis for such request, particularly when the burden of proof lies with them regarding ownership claims.
The central legal point established in the judgment is that the appointment of a Commissioner for local investigation should only be done for convenience and after considering the evidence produced b....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
