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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIRINDER AGGARWAL
Mukesh – Appellant
Versus
Baldev Singh – Respondent
JUDGMENT :
Virinder Aggarwal, J.
1. The appellant/defendant has instituted the present appeal challenging the judgment and decree dated 04.10.2014 rendered by the learned Additional District Judge, Jhajjar, whereby the learned First Appellate Court reversed and set aside the well-reasoned judgment and decree dated 13.08.2013 passed by the learned Civil Judge (Junior Division), Bahadurgarh.
2. Briefly stated, the facts of the present case are that the respondent/plaintiff instituted a suit for possession, along with consequential relief of permanent injunction, on the grounds that he is the owner in possession of Plot No. 1309, situated within the Awadi of Village Bhaproda, Tehsil Bahadurgarh, District Jhajjar. The plot, as delineated in the site plan marked 'EFGD', is bounded on the east by Plot Nos. 1312 and 1310, on the west by a Gali and Plot No. 1308, on the north by Plot No. 1312, and on the south by Plot No. 1305 belonging to the defendant.
2.1 In the year 2011, the defendant allegedly encroached upon a portion of the plaintiff's plot and amalgamated the same with his own plot, as depicted in red and marked 'ABCD' in the site plan. The plaintiff caused the suit land to be demarca
The court clarified that allowing additional evidence for demarcation in boundary disputes is essential and does not constitute filling up a lacuna, reinforcing the importance of accurate boundary de....
The plaintiff's appeal against the dismissal of her suit was rejected as the demarcation report showed lawful encroachment on government land.
The court emphasized the importance of following instructions for demarcation and the power of the court to appoint a fresh Local Commissioner. The court also highlighted the need for evidence to be ....
In second appeals under Section 100 CPC, High Court cannot disturb concurrent findings of fact on demarcation report validity absent perversity or substantial question of law.
Appellate Court may permit additional evidence to be produced whether oral or documentary, if conditions mentioned in Order 41 Rule 27 are satisfied.
Validity of demarcation report as evidence and the requirement for specific boundaries in property disputes.
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