Case Property Identification in Indian Judiciary: Key Rules

2024 Supreme(SRI)(SC) 12816

Was the identification of the corpus an issue in the present case? II. In any event is there sufficient evidence adduced to identify the corpus? III. ... In light of the foregoing, it is clear that the identification of the corpus was not an issue in the instant case. Therefore, I answer the first question of law in the negative. ... Have the defendant and his predecessors enjoyed possession of the property that is the subject matter of the case for more than 10 years prior in an unin....

2023 0 Supreme(Ker) 1050

Such excess property held by the 1st defendant belongs to the plaintiff. As noticed in the impugned judgment, the 1st defendant has no case that he had acquired the property from any person other than Devaki Amma. ... Exts.C1 and C2 or Exts.C3 and C4 reports and plans submitted by the Advocate Commissioner do not enable identification of the property with reference to Ext.A5 document, in order to find out the excess property, if any, in the possession of the defendants. ... Before the ....

2025 Supreme(Online)(Cal) 4019

shall provide adequate police protection to the District Collector as well as to the Official Liquidator at the time of demarcation and identification of the landed property as well as at the time of giving possession of the said landed property to the Official Liquidator ... Thus, for the identification of the said landed property and for taking possession of the said landed property, the Deputy Commissioner or the District Collector of the concerned district and the concerned Revenu....

In these two cases there was no question of identification of the land whereas in the instant case the issue is the identification of the plaintiff's land on the ground. Hence those two cases are inapplicable here. ... It is obvious that ownership cannot be ascribed without clear identification of the property that is subjected to such ownership, and furthermore, the ultimate objective of a person seeking to vindicate immovable property by obtaining a writ of execution in ....

2026 Supreme(Online)(Ker) 1188

Since the declaration of title in turn depends on the identity of the property, a proper identification was inevitable. 13. ... But then, a cursory reading would show that the identification of the said extent of property is without any supporting materials and that the Advocate Commissioner, on his own, had endeavoured to identify the property. 12. ... In other words, the finding that the defendants 2 to 9 do not have any sustainable claim over the property is thus affirmed and that t....

2024 Supreme(SRI)(SC) 12748

If the argument of the learned counsel for the appellants is to be accepted and if a decree is to be granted for specific performance, without identification of the suit property, it will not be possible to enforce such a decree. ... It is also important to note that if a party intends to contest a case on the identification of the corpus, it must be raised as an issue in the trial court, as the identification of the corpus is a pure question of fact that cannot be raised for the first time on appeal. ....

2024 0 Supreme(Ker) 5

According to the learned counsel, the said identification of property, at the will of the plaintiffs, is wrong. ... In the case at hand, it is discernible that the Commissioner not at all identified the property on the basis of title deeds or re-survey numbers. ... Therefore, there must be identification of the plaint schedule property and the defendant’s property on the strength of their title independently by the Commissioner and such exhaustive plan is absolutely n....

2025 Supreme(Online)(Tel) 70273

The brief facts of the case are that the petitioners filed an execution application vide E.A. ... The only issue remaining pertains to the identification of the suit schedule property. The Court did not deny execution of the decree, which has attained finality. ... Without such identification, isolating the 900 square yards is not feasible. ... It is incumbent upon the executing Court to take appropriate steps to identify the property, if there are disputes among the judgment debtors or decree holders.....

2025 0 Supreme(Ker) 2259

The trial court shall depute the very same Advocate Commissioner if available, for the purpose of identification of the plaint schedule property with reference to Ext.A1. ... Therefore, in a case where the identity of the property is not established, the 1st appellate court ought not have decreed the suit as sought for by the plaintiff. ... Whether the lower appellate court is legally justified in holding that Item No.1 is identified by the Advocate commission especially when the identification was the ....

2024 0 Supreme(Cal) 1145

From the aforementioned discussion it is evident that the suit property is absolutely clear in the mind of the respondent /defendant and he has no question as regards to the identification of the suit property. 17. ... xii) She has further submitted that the identification of the property/plot in respect of which delivery of possession is sought for cannot be ascertained and even if a decree would have been passed the same would have been unenforceable. ... xi) She has further submitted that the sched....

2021 0 Supreme(All) 1372

Ka-27 against the accused-appellant Birju and co-accused persons. On 20.03.1979 identification of recovered case property was conducted. On 06.02.1979 he obtained result of the test identification parade of accused-appellant Birju and co-accused persons. He has further stated that after completion of investigation, he has filed charge-sheet Ex.

2019 0 Supreme(Kar) 306

But, as per the version of respondent No.2/objector, he was in possession of the property bearing No.14/3, II Floor, Sheriff House, 85, Gen. K.S.Thimmaiah Road (Old Richmond Road), Bangalore - 560 025, wherein, he was having his office and conducting legal profession. The respondent No.2/objector is examined as PW1 and four other witnesses are examined as PW2 to PW5. Thus, the dispute is regarding identification of the property.

2018 0 Supreme(AP) 894

It shall be mixed up with four or five similar objects. Identification of property.-(1) Identification parades of properties shall be held in the Court of the Magistrate where the properties are lodged. (2) Each item of property shall be put up separately for the parade.

2013 0 Supreme(Ker) 1033

Dismissal of C.R.P.No.3115 of 2001 which only precludes the respondents from challenging the error, irregularity or defect in the order on I.A.No.2010 of 2001 in the appeal against the judgment and decree does not prevent the court from exercising the power conferred on it under Rule 9 of Order XXVI of the Code. To prevent injustice being perpetuated and to enable the court pronounce judgment on the issue, such a course is necessary. In this case for a proper adjudication of the issues involved, identification of the suit property with reference to the relevant documents is necessa....

2012 0 Supreme(Del) 3008

(e) During investigation, (A-2 and A-3) refused to participate in the Test Identification Proceedings (TIP). (f) The case property was got identified in Test Identification proceedings. (g) The exhibits were sent to Forensic Science Laboratory and the Investigating Officer collected the reports subsequently. The IO recorded statements of the witnesses conversant with facts at different stages of the investigation.