ILC-2014-SC-CIVIL-Mar-4
Phanidhar Kalita Vs. Saraswati Devi & Anr.
Civil Law - Civil suit
Declaration and for recovery of encroached portion - Amin commissioner report held incomplete as it failed to fix the encroached portion and failed to measure some points noted - Lower court dismissed the suit as excutant of sale deed not examined and also counter claim of defendants - Appeal too resulted in dismissal along with cross objection - In second appeal , high court partly allowed the appeal and declared the title but failed to grant recovery of encroached portion and also dismissed the review petition - Apex court set aside the review petition and remitted the case to trial court for fresh adjudication with regard to the reliefs of recovery of khas possession of schedule-2 property and permanent injunction, only and the parties are permitted to adduce evidence and the Trial Court after adjudication shall pass a comprehensive decree in respect of all the reliefs claimed in the suit.
Topic(s)-Property Dispute
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