The High Court dismissed a petition under Article 227 challenging the rejection of an application for appointment of a local Commissioner for inspection. The court held that since the relief sought was to declare the sale deed void, the factual issue of encroachment was irrelevant, and thus local inspection was not warranted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:166338
Court No. - 5
Case :- MATTERS UNDER ARTICLE 227 No. - 8939 of 2024
Petitioner :- Munna Lal Shukla Respondent :- Smt Somvati Kushwaha Counsel for Petitioner :- Indra Jit Singh,Sr. Advocate Counsel for Respondent :- Panchu Ram Maurya,Shashank Maurya
Hon'ble J.J. Munir,J.
favour vide registered sale deed dated 24.10.2011 for a total sale consideration of a sum of Rs. 2,90,000/-. The plaintiff claimed that the sale deed aforesaid be declared void on ground that the defendant had taken possession of land beyond 70 square yards and come to possess 100 square yards whereon a house has been constructed by her. In order to determine if indeed the defendant had constructed over an area of land beyond that conveyed by the plaintiff through the sale deed impugned, the plaintiff prayed that a commission be issued to a Commissioner to carry out a local inspection. It is this application which has been rejected by both the Courts below.
Order Date :- 18.10.2024 Prashant D.
Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad
1 issue framed by the court
Whether a local inspection by a Commissioner was necessary to determine if the defendant encroached on land beyond the sale deed area when the relief claimed was to declare the sale deed void.
2 provisions across 2 enactments
Munna Lal Shukla
Smt Somvati Kushwaha
J.J. Munir
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
