Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
The courts have also held that if previous reports or surveys are sufficient and satisfactory, there is no need for reappointment, but if doubts persist, re-appointment is justified ["Sabbella Lakshmi VS Mohammad Subham Ali - Andhra Pradesh"], ["R.THANGAVELU vs R.SUBRAMANIAM - Madras"], ["Sadabathula Dasharatham vs Shaik Siraj Ahmed - Telangana"], ["Sadabathula Dasharatham vs Shaik Siraj Ahmed - Telangana"].
Analysis and Conclusion:
Land disputes often hinge on precise details like boundaries, extents, and survey numbers. Imagine two parties claiming overlapping portions of property, each citing different measurements or maps. A common question arises: can court appoint advocate commissioner to measure the other survey number? This post dives into the legal framework, judicial precedents, and practical considerations under Indian law, primarily the Code of Civil Procedure (CPC), 1908.
While courts generally have the power to appoint an advocate commissioner for such tasks, it depends on specific conditions like genuine disputes over identification or boundaries. This is not legal advice—consult a qualified lawyer for your case.
Order XXVI Rule 9 of the CPC empowers courts to appoint commissioners for local investigations, including measurements and boundary determinations in property disputes. This provision allows courts to gather accurate facts when direct evidence is insufficient or contested.
Courts exercise this discretion to ascertain facts accurately, especially when disputes arise on physical features, boundaries, or survey details Jothi Arumugam VS P. Natarajan - 2017 0 Supreme(Mad) 494S. Ramanathan VS Malathi - 2013 0 Supreme(Mad) 113Arshinapalli Rajitha vs A. Vidyasagar Rao - 2025 Supreme(Online)(Tel) 10883. For instance, The court set aside the trial court's order and directed the appointment of an Advocate Commissioner to visit the suit property, measure the property, fix the boundary line, and file a detailed report with a plan Jothi Arumugam VS P. Natarajan - 2017 0 Supreme(Mad) 494.
This authority is reinforced by precedents emphasizing expert assessment: The appointment of an Advocate Commissioner to determine the survey number of the land in dispute is permissible under CPC, ensuring proper adjudication of land disputes Arshinapalli Rajitha vs A. Vidyasagar Rao - 2025 Supreme(Online)(Tel) 10883.
Appointment is typically warranted when there's a legitimate controversy over land identification, location, measurement, or boundaries. Key scenarios include:
In one case, The court found that the measurement of the suit properties with the help of a surveyor is essential to resolve the boundary dispute N. Venkatesan & Others VS V. Muthusamy & Others - 2005 0 Supreme(Mad) 1089. Similarly, Where there is controversy as to identification, location/measurement of land, Advocate Commissioner can be appointed Bandaru Mutyalu VS Palli Appalaraju - 2013 0 Supreme(AP) 484.
Even in injunction suits, courts uphold this: To ascertain the correct survey number, boundaries as well as physical features of the land... it was necessary to appoint an Advocate Commissioner Tangella Ranga Reddy VS Koppula Srinivas Reddy - 2023 Supreme(Telangana) 679. The High Court confirmed, the appointment of an Advocate Commissioner in a suit for injunction is permissible when there is a dispute regarding the boundaries and extents of the properties Tangella Ranga Reddy VS Koppula Srinivas Reddy - 2023 Supreme(Telangana) 679.
The commissioner's primary role is fact-finding assistance, not deciding titles or ownership. They measure land, note physical features, prepare plans, and submit reports to aid the court.
Reports can be challenged via cross-examination, ensuring fairness Kota Mallaiah VS Mandala Sujatha - 2024 5 Supreme(Telangana) 741.
Numerous rulings affirm this power:
In another, It is essential to appoint an Advocate-Commissioner to survey the land in Sy.Nos.124 and 125... fix boundaries to both the survey numbers to resolve the issue Kota Mallaiah VS Mandala Sujatha - 2024 5 Supreme(Telangana) 741.
Courts' discretion is not absolute—it must be judiciously exercised based on necessity:
Arbitrary appointments can be set aside on revision K. Venkat Reddy vs A.Ranjith Kumar - 2025 Supreme(Online)(AP) 14129.
To strengthen your case:
Yes, courts may appoint an advocate commissioner to measure survey numbers, including others if relevant to the dispute, under Order XXVI Rule 9 CPC. This tool resolves complex land issues efficiently, backed by precedents like Jothi Arumugam VS P. Natarajan - 2017 0 Supreme(Mad) 494, Arshinapalli Rajitha vs A. Vidyasagar Rao - 2025 Supreme(Online)(Tel) 10883, and Bandaru Mutyalu VS Palli Appalaraju - 2013 0 Supreme(AP) 484. However, it requires a genuine controversy—absent that, applications may fail Puli Vajramma vs Nakirekanti Kishore - 2025 Supreme(Online)(Tel) 64096.
Key Takeaways:- Appointment aids fact-finding in boundary/measurement disputes.- Use qualified surveyors; reports are advisory, not conclusive.- Exercise judicial discretion judiciously.
This overview draws from established case law. For tailored advice, engage a legal professional familiar with local practices.
#AdvocateCommissioner, #LandDisputes, #CPCLaw
No survey number or title deeds were referred. The commissioner did not ascertain and measure the total extent of the sites in R.S.No.747 and 747/2. He did not collect the lay out plan in respect of the land of the defendants. ... It is, therefore, just and necessary to appoint another advocate commissioner to measure the properties of the parties with reference to the title deeds and F.M.B so as to locate the extent of property encroached by the def....
On the other hand, if the Court is not satisfied by the Advocate Commissioner's report and the Surveyor's sketch filed in the earlier suit, it is open to the trial court to appoint fresh Advocate Commissioner to measure the suit property with the help of Surveyor so as to earmark the northern 15 cents ... entitled to 15 cents on the northern portion of the suit survey number. ... The respondents 1 to 7, who were arrayed as defendant....
At this juncture, in the present suit proceedings, no purpose will be served by appointing an Advocate Commissioner to ascertain the survey number of the suit schedule land. There are no grounds for appointment of an Advocate Commissioner and the impugned order is liable to be set aside. ... When there is a compound wall encircling the suit schedule land and its possession has to be proven, it does not stand to reason that an Advocate Commissioner sh....
At this juncture, in the present suit proceedings, no purpose will be served by appointing an Advocate Commissioner to ascertain the survey number of the suit schedule land. There are no grounds for appointment of an Advocate Commissioner and the impugned order is liable to be set aside. ... When there is a compound wall encircling the suit schedule land and its possession has to be proven, it does not stand to reason that an Advocate Commissioner s....
At this juncture, in the present suit proceedings, no purpose will be served by appointing an Advocate Commissioner to ascertain the survey number of the suit schedule land. There are no grounds for appointment of an Advocate Commissioner and the impugned order is liable to be set aside. ... When there is a compound wall encircling the suit schedule land and its possession has to be proven, it does not stand to reason that an Advocate Commissioner s....
To ascertain the correct survey number, boundaries as well as physical features of the land, as it was necessary to appoint an Advocate Commissioner, the trial court allowed I.A.No.849 of 2021 in I.A.No.583 of 2021 in O.S.No.279 of 2021. ... When there was a controversy with regard to the identity of the property, it was necessary to appoint an Advocate Commissioner. There was no bar to appoint an Advocat....
Therefore, he pleaded that the physical features of the suit schedule property may be examined through an Advocate Commissioner. Hence, he prayed the trial Court to appoint an Advocate Commissioner which was rightly allowed by the trial Court. ... However, an Advocate Commissioner can be appointed to note down the physical features of the suit schedule property so as to its survey number and the b....
Both the plaint schedule open site and the plot No.7 are situated at different places in the same survey number. The police advised both the parties to file petition for appointment of an advocate commissioner. ... 4) Subsequently, the respondents came to know that the advocate commissioner filed his part of report before this Hon’ble Court without complying the Court order. The said part of report of Advocate Commissione....
In the said suit, they sought to appoint Advocate- Commissioner to conduct survey and the same was allowed. The said suit was dismissed as withdrawn on 19.12.2019. ... It is essential to appoint an Advocate-Commissioner to survey the land in Sy.Nos.124 and 125 of Vegurupalli Village, fix boundaries to both the survey numbers to resolve the issue. x. No prejudice will be caused to the defendants if an Advocate #HL_S....
filed by the respondent/plaintiff seeking appointment of Advocate Commissioner to measure the suit property in R.S. ... No. 465/2A and now, he is in possession of only 40 cents in the said survey number. ... Therefore, the Trial Court rightly appointed Advocate Commissioner to measure the properties of plaintiff and the defendant with the help of Surveyor and file a report. I do not find any error in the order passed by the Trial ....
The trial Court appointed an Advocate Commissioner to measure the properties based on the old survey plan and the re-survey plan. Ext.C1 is the plan that identified the properties based on Exts.A1 and A2 title deeds relied on by the plaintiff. Ext.C2 is the plan prepared based on the re-survey plan.
The trial court is directed to appoint a new Advocate Commissioner directing the Commissioner to inspect Survey Nos.151/2B and 151/2A and measure the total extent of Survey Nos.151/2A and 151/2B and further subdivision if any and also as on date note down the physical features and file a fresh report. In view of appointment of new Advocate Commissioner, the order passed in I.A.No.1 of 2019 in O.S.No.202 of 2014 on the file of the District Munsif Court, Palani, allowing the amendment sough for by the first respondent/plaintiff is also set aside. The trial court is directed t....
5. As seen from the counter filed by the respondents 2 to 5 in E.A.No.334 of 2009, they have not raised any objection for the appointment of an advocate commissioner to measure the suit schedule property but in addition to the appointment of advocate commissioner, the respondents 2 to 5 have requested the Court to appoint the surveyor to assist the advocate commissioner to measure the suit schedule property. The Executing Court by its order dated 28.08.2010 in E.A.No.334 of 2009 in E.P.No.108 of 2006 in O.S.No.104 of 1997 appointed an advocate commissioner to measure the su....
Since it is a poromboke land, the Revenue authority can also be made as a party to confirm the enjoyment of the property by the parties and by proving the same with regard to the revenue charges. The only issue to be decided is as to whether the plaintiff is in enjoyment of 75 cents of the said survey number and his construction is within 75 cents. Hence, it is for the First Appellate Court to appoint a Commissioner for the purpose of measuring the said survey number and fixing the extent as claimed by the plaintiff.
Hence, it is necessary to appoint an Advocate Commissioner to measure the property and place before the Court correlating the survey number, sketch and the description of the suit property. But due to their failure to correlate the sketch and the description of the property, the Trial Court rejected their claim.
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