Advocate Commissioner did not give a clear report of extent of the land and location of the disputed property so as to determine question of encroachment - Re issue warrant and directing to file detail report

Citation

AIROnline 2023 MAD 314

Madras High Court

(MADURAI BENCH)

C. SARAVANAN , J.

C.R.P.(MD) - 711 of 2022 D/- 13 - 4 - 2023

Govindan v. Malaichamy

Civil P.C. (5 of 1908), O.26 R.9 - Advocate Commissioner - Appointment of - Suit for declaration of title - Plea that defendant had encroached upon land of plaintiff - Commissioner appointed

on application of plaintiff did not give a clear report of extent of the land and location of the disputed property so as to determine question of encroachment - Held, report of Advocate

Commissioner based on which suit was decreed, prima facie appeared to have not met with requirements for Court to resolve dispute - Directions issued to issue warrant to an Advocate

Commissioner to cause inspection of property and give report.  (Paras 16 , 17)