Case Note & Summary
The dispute arose from a civil suit filed by the appellant, alleging encroachment by the respondents on land purchased in 1995. The appellant claimed that the defendants encroached upon his land, leading to the filing of a suit for declaration, injunction, and possession. The defendants countered with claims of title based on their respective sale deeds. The Trial Court dismissed the suit, finding that the plaintiff had knowledge of the defendants' possession at the time of purchase. The Appellate Court upheld this decision, stating that the defendants were not encroachers as they had permission from the plaintiff's predecessor. The High Court later appointed a surveyor to measure the land, which revealed encroachment by the defendants. However, the High Court dismissed the second appeal without addressing the substantial question of law regarding the surveyor's findings. The Supreme Court found that the High Court erred in not considering the surveyor's report and remanded the case for further consideration, emphasizing the need for an independent finding on the substantial question of law. The Court requested the High Court to expedite the decision on the remanded appeal within six months.
Headnote
A) Property Law - Encroachment - Measurement Dispute - Code of Civil Procedure, 1908, Section 100 - The High Court failed to consider the surveyor's report regarding encroachment, leading to an erroneous finding. The Supreme Court remanded the case for the High Court to address the substantial question of law regarding the defendants' encroachment based on the surveyor's findings (Paras 10-12).
Issue of Consideration
Whether the concurrent findings rendered by the two Courts below are sustainable in light of the surveyor's report and the substantial question of law framed by the High Court.
Final Decision
The Supreme Court set aside the judgment of the High Court and remanded the case for consideration of the substantial question of law regarding encroachment, requesting an expedited decision within six months.
Law Points
- encroachment
- sale deed
- possession
- surveyor's report
- concurrent findings
