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V. LAKSHMINARAYANAN
K. Palanisamy – Appellant
Versus
P. Palanisamy – Respondent
ORDER :
This civil revision petition arises against the order of the learned District Munsif at Perundurai in I.A.No.4 of 2022 in O.S.No.145 of 2018 dated 09.10.2023.
2. The plaintiff is the civil revision petitioner.
3. O.S.No.145 of 2018 was presented for the relief of mandatory injunction and other allied reliefs. According to the plaintiff, the suit schedule mentioned property and other properties originally belonged to one Ramaya Gounder and his co-sharers. They created a 10 feet wide pathway over S.F.No.52/A for convenient enjoyment of the said property. In order to enjoy their properties individually, Ramaya Gounder, one Koppana Gounder, and other sharers entered into a partition deed on 18.12.1975.
4. By virtue of this partition deed, a 10 feet wide cart tract was shown as common to all the owners and the D schedule mentioned property fell to the share of the petitioner's father. The cart tract, that had been set apart for the common use of all the owners, had been left open for several decades, till the death of Koppana Gounder on 02.02.2007. Subsequently, his legal heirs Pavathal, Palaniammal, Kolandhayammal, and Pavalakodi executed a release deed for the suit schedule mentio
The court affirmed that an Advocate Commissioner can be appointed to elucidate matters in dispute, and the existence of a cart tract can be established through both documentary evidence and inspectio....
An Advocate Commissioner cannot be appointed to collect oral or documentary evidence, and it is the duty of the parties to prove their case through oral and documentary evidence.
An Advocate Commissioner can be appointed to verify physical features of property but not to ascertain possession in a suit for injunction.
Advocate Commissioner's report under O.XXVI R.9 CPC justified to ascertain disputed common cart track features aiding court adjudication.
The appointment of an Advocate Commissioner is essential in property disputes where identity is contested, as it aids in achieving accurate findings.
The appointment of an Advocate-Commissioner is unwarranted in the absence of genuine ambiguity regarding property identification; the burden to prove ownership lies with the plaintiffs.
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