VidhiSangh

Supreme Court of India · 04/02/2019

G H RAM LAL & ORS. versus SALIG RAM & ORS.

[2019] 1 S.C.R. 1064 · 2019 INSC 129

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Summary

Defects in a Local Commissioner’s demarcation report did not justify dismissing an encroachment suit outright. Where a final earlier order required investigation through a commission, noncompliance with demarcation instructions called for a fresh commission or remand. The High Court also overlooked other oral and documentary evidence. All decrees were set aside and the suit restored for a fresh decision after proper local investigation.

Issues

  1. Whether deficiencies in a court-appointed commissioner’s demarcation justified dismissal of the entire suit rather than further investigation.

Provisions considered

Held

Result

Appeal allowed; High Court and subordinate-court decrees set aside and suit restored to the trial court. Parties to appear on 5 March 2019; fresh commission to issue immediately and suit to be decided expeditiously, preferably within three months of appearance. Costs to follow the final decision.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 1064.