AI Overview...
- Remedy of Local Commissioner in Suit of Injunction for Demarcation
Appointment of a Local Commissioner is a common procedural step in boundary disputes and suits seeking demarcation, especially under Order 26 Rule 9 CPC. Courts frequently direct appointing a Local Commissioner (often a Revenue Officer) to demarcate land boundaries, as seen in multiple cases (Sant Ram VS Nikra Ram - Himachal Pradesh, Om Parkash VS Jarnail Singh @ Ricky - Himachal Pradesh, Kambod Singh VS Secretary Railway, Govt. of India - Madhya Pradesh). - Main Points and Insights
- Courts recognize that boundary disputes often require physical demarcation, which can only be effectively resolved through demarcation reports (Om Parkash VS Jarnail Singh @ Ricky - Himachal Pradesh, Om Parkash VS Jarnail Singh @ Ricky - Himachal Pradesh, Kambod Singh VS Secretary Railway, Govt. of India - Madhya Pradesh).
- Demarcation reports are crucial evidence; however, their validity depends on proper procedures. Reports that are erroneous or manipulated can lead to the dismissal of suits (G. BLOCK RESIDENTS WELFARE ASSOCIATION VS O. P. WADHWA - Delhi, Surat Singh VS Dhaju Ram - Himachal Pradesh).
- The appointment of a Local Commissioner is within the court's discretion and is essential for accurate resolution of boundary issues, especially when factual disputes are involved (Sant Ram VS Nikra Ram - Himachal Pradesh, A. M. Noushad VS M. Jamal - Kerala, Kambod Singh VS Secretary Railway, Govt. of India - Madhya Pradesh).
- In cases where demarcation is challenged or reports are found unreliable, courts may order further investigation or refuse to dismiss the suit prematurely (G. BLOCK RESIDENTS WELFARE ASSOCIATION VS O. P. WADHWA - Delhi, Surat Singh VS Dhaju Ram - Himachal Pradesh).
- Analysis and Conclusion
The remedy of appointing a Local Commissioner for demarcation is well-established and can be claimed within a suit for injunction related to boundary disputes. It is a procedural tool to ascertain factual boundaries, which is often necessary for granting or denying injunctions. Courts generally uphold the appointment of a Local Commissioner to facilitate fair adjudication. However, the validity of the demarcation report is crucial; if found flawed or manipulated, courts may reject the report and consider further investigation or alternative remedies.
In summary: - The remedy of appointing a Local Commissioner is permissible and frequently employed in suits for injunction concerning boundary and demarcation issues.
- The primary purpose is to obtain an accurate demarcation report to aid in the resolution of the dispute.
- Challenges to the demarcation process or report can impact the suit’s outcome, but the remedy itself remains valid and essential in such suits (Sant Ram VS Nikra Ram - Himachal Pradesh, Kambod Singh VS Secretary Railway, Govt. of India - Madhya Pradesh).
Search Results for "Whether Remedy of Local Commissioner can be Claimed in the Suit of Injunction for Demarcation"
2006 0 Supreme(Del) 429 • India - Delhi
MADAN B.LOKUR
investigation - The writ petition in fact in the nature of injunction and declaration suit - Parties relegated to the remedy of ... civil suit - Writ Petition, rejected. ... restraint on construction of the strip of land nearby the house of the petitioner- Disputed question of fact requiring inquiry and local ... ... ( 19 ) A perusal of the demarcation report shows that it only bears signature of the draftsman of the Landdo. Hence it is doubtful whether it is a valid....
2024 0 Supreme(HP) 57 • India - Himachal Pradesh
SATYEN VAIDYA
(I) Fact of the Case: The plaintiff filed a suit for permanent prohibitory injunction ... During the pendency of the suit, the plaintiff amended the plaint to seek a decree for possession by way of mandatory injunction ... The Trial Court was directed to appoint a Local Commissioner for demarcating the suit land to ascertain its boundaries and the extent ... It could be solved only by demarcation, inasmuch as the land claimed by the....
2016 0 Supreme(HP) 1271 • India - Himachal Pradesh
SANDEEP SHARMA
Boundary Dispute - Appointment of Local Commissioner - Order 26 Rule 9 - [FACT OF THE CASE] Present regular second appeal filed ... [RATIO DECIDENDI] The court appointed a Local Commissioner in terms of Order 26 Rule 9 CPC to adjudicate the boundary dispute for ... prohibitory and mandatory injunction restraining the appellants/defendants from interfering or raising any construction over the ... Whether the plaintiff is entitled for permanent prohibitory injunction? O....
2009 0 Supreme(Ker) 774 • India - Kerala
S.S.SATHEESACHANDRAN
respondents 1 to 4 for the reliefs of demarcation of boundaries and also for permanent prohibitory injunction - respondents had ... So much so, the question whether any further step in trial of the suit can be continued till honouring of the undertaking given in ... suffered orders of eviction on various grounds under the Rent Control Act - Held, Even if the ordinary rules of procedure there is no remedy ... The above suit has been filed by respondents 1 to 4 for the reliefs of #HL_STA....
2024 0 Supreme(HP) 58 • India - Himachal Pradesh
SATYEN VAIDYA
Issues: The main issue was the refusal of the Trial Court to appoint a Local Commissioner for demarcation ... Local Commissioner - Boundary Dispute - H.P. ... The Trial Court was directed to appoint a Local Commissioner (Revenue Officer) for demarcating the suit land to ascertain its boundaries ... It could be solved only by demarcation, inasmuch as the land claimed by the plaintiff to be owned and possessed by hi....
2021 0 Supreme(MP) 262 • India - Madhya Pradesh
VISHAL MISHRA
a suit for permanent injunction and an application under Order 39 Rule 1 and 2 of CPC seeking injunction against the defendants. ... The court also held that the petitioner's direct approach to the court under Article 227 was not maintainable when an alternative remedy ... The defendants filed an application under Order 26 Rule 9 of CPC for demarcation of the disputed property. ... land, it was appropriate for the Court to direct the investigation by appointing a Local Commis....
2016 0 Supreme(P&H) 1766 • India - Punjab and Haryana
DARSHAN SINGH
The court decreed the suit for mandatory injunction and permanent injunction in favor of the plaintiffs, directing the defendants ... of the encroachment and permanent injunction restraining the defendants from interfering with the suit property. ... The court also held that the suit for mandatory injunction was maintainable and that the Gram Panchayat or the Municipal Corporation ... The demarcation was carried out by the Local #HL....
2006 0 Supreme(Del) 428 • India - Delhi
MADAN B.LOKUR, MARKANDEY KATJU
writ petition - property dispute - Delhi Land Revenue Rules 1962 - demarcation report - alternative remedy of filing a civil suit ... Issues: The main issue was whether the writ petition was the appropriate remedy for the property dispute, and whether the ... The writ petition was dismissed on the ground of an alternative remedy of filing a civil suit for declaration and injunction. ... ... ( 19 ) A perusal of the demarc....
2018 0 Supreme(HP) 453 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
due to erroneous and manipulated demarcation report. ... Finding of the Court: The trial Court and the first appellate Court dismissed the suit, finding the demarcation report ... The court emphasized the importance of obtaining accurate demarcation reports and penalized the plaintiffs and the Field Kanungo ... It is true that in case any demarcation report is not found upto the mark, the suit cannot be dismissed and remedy lies in appointing of local#HL_E....
2015 0 Supreme(Del) 1314 • India - Delhi
VIPIN SANGHI
and whether the plaintiff had locus standi to file the suit. ... Issues: The issues included whether the plaintiff was in lawful possession of the land, whether the suit was maintainable, ... The court held that the plaintiff should have filed a suit for declaration and injunction, and a simplicitor suit for injunction ... He claimed in his cross examination that the wall was constructed by him, but he c....
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