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D.Ovvaiyar vs P.Lakshmi on 2 December, 2019

6.Mr.A.B.Prabhakar, learned counsel for the petitioner would contend that this application for appointment of commissioner is one 3/8 http://www.judis.nic.in C.R.P(MD)(PD).No.2150 of 2013 with the object of ascertaining the factum of possession. The suit being one for permanent injunction, it is for the plaintiff to prove possession as required under law. The plaintiff cannot seek appointment of commissioner to establish her possession of the suit property. He would also rely upon a judgment of this Court in Meenakshi vs Vennila and another, reported in 2008(5)CTC 181 wherein this Court had held that a commissioner cannot be appointed to ascertain the factum of possession.
Madras High Court Cites 2 - Cited by 0 - R Subramanian - Full Document

Bimla Gupta And Others vs Ashim And Others on 2 November, 2011

It has been contended by learned counsel for the petitioners- plaintiffs that local commissioner cannot be appointed to ascertain possession of the parties over the property in dispute, as it is for the parties to lead evidence to establish their possession. On the point he has placed reliance upon a judgment rendered by Madras High Court in Meenakshi v. Vennila and another 2009(5) RCR (Civil) 278 and a judgment of this Court rendered in Vinod Kumar v. Gram Panchayat of Village Kheri Naru and others 2008(1) RCR (Civil) 697.
Punjab-Haryana High Court Cites 4 - Cited by 0 - R C Gupta - Full Document
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