Suit for Possession - defendant had raised construction over some adjoining land, and trespassed over part of plaintiff land - Actual boundary or measurements of property were not stated in plaint - Suit for possession with respect to such property was liable to be dismissed.

Citation 

AIR 2024 SUPREME COURT 714

: AIROnline 2024 SC 4

SUPREME COURT

(From: Madras)

VIKRAM NATH, J. and RAJESH BINDAL, J.

Civil Appeal No. 9941 of 2016, D/-3-1-2024

Mary Pushpam v. Telvi Curusumary and others.

Specific Relief Act (47 of 1963), S.34 Suit for possession - Plea of plaintiff that she had purchased 8 cents of open piece of land and defendant had raised construction over some adjoining land, and trespassed over part of her purchased land - Actual boundary or measurements of property were not stated in plaint - Suit for possession with respect to such property was liable to be dismissed on ground of its identifiability High Court had specifically recorded in earlier round of litigation that dispute was with respect to 8 cents of land and not just the construction standing thereon - Trial Court and High Court in the present round of litigation could not have confined it only to construction and not entire portion of land measuring 8 cents as interpreting said judgment which was clear in itself, differently, would clearly amount to judicial indiscipline.