Single Judge disposed of CRP challenging the dismissal of an application for appointment of a Court Commissioner. Held that burden is on plaintiff to prove possession. Revision allowed dismissal by trial Court.
Civil Revision Petition dismissed; connected CM.P. closed; No Costs.
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.
C.R.P.(MD)No.1581 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2020
CORAM:
THE HONOURABLE MRS. JUSTICE R. THARANI
C.R.P.(MD)No.1581 of 2019 and C.M.P.(MD)No.8348 of 2019
KR.Vellaikannu
.. Petitioner/Petitioner/ 1st Defendant
Vs.
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decretal order dated 15.07.2019 passed in I.A.No.312 of 2018 in O.S.No.149 of 2017 on the file of Additional District Munsif Court, Karaikudi.
For Petitioner : Mr.M.P.Senthil For Respondents : No Appearance
O R D E R
This Civil Revision Petition has been filed against the order dated 15.07.2019 passed in I.A.No.312 of 2018 in O.S.No.149 of 2017 on the file of Additional District Munsif Court, Karaikudi.
The suit property was classified as Punja lands and the first defendant is enjoying the property for the past forty years. The first defendant cultivated several trees, constructed a house, dug a well and constructed two thatched sheet houses and two asbestos sheet houses and the defendant is paying house tax, electricity charges and water taxes. The Government has laid cement roads, https://hcservices.ecourts.gov.in/hcservices/
1/3
C.R.P.(MD)No.1581 of 2019
provided common water tap, street light etc. The plaintiff claimed the property as if the property was assigned to him by the Government and he is trying to encroach upon the property and the property should be measured and to be photographed by the Commissioner with the help of Village Administrative Officer and Surveyor.
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
sts
2/3
C.R.P.(MD)No.1581 of 2019
To:
The Additional District Munsif Court, Karaikudi.
Copy to: The Section Officer, V.R.Section, (2 Copies) Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-1338[F] dated 10/01/2020 )
Order made in C.R.P.(MD)No.1581 of 2019 08.01.2020
JMN(02.03.2020) 3P : 5C
3/3
2 issues framed by the court
Whether appointment of a Commissioner is maintainable in a suit for permanent injunction where the burden is on the plaintiff.
Whether the trial Court erred in dismissing the petitioner's prayer for appointment of a Court Commissioner seeking to verify possession of the suit property.
2 provisions across 1 enactments
Kr. Vellaikannu
Velayudham
Subramanian
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
