Supreme Court of India

Haryana Waqf Board v Shanti Sarup

(2008) 8 SCC 671; 2008 AIR SCW 650020081 min read
The case in brief30-second read
Facts
The Waqf Board sued for declaration and injunction alleging encroachment. Its application under O.XXVI R.9 for a Local Commissioner was rejected by the trial court; it applied again before the appellate court. The High Court summarily dismissed the second appeal as concluded by concurrent findings of fact.
Issue
Whether the High Court should have considered the need for a Local Commissioner to demarcate the land.
Held
Since the real controversy was demarcation of land adjacent to the respondents' land, it was appropriate to appoint a Local Commissioner under O.XXVI R.9. The High Court ought to have considered this. The judgment was set aside and the second appeal restored; appeal allowed without costs.
Principle
In a dispute about demarcation and encroachment, it is appropriate to appoint a Local Commissioner under O.XXVI R.9
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Facts

  • The Waqf Board sued for declaration and injunction alleging encroachment. Its application under O.XXVI R.9 for a Local Commissioner was rejected by the trial court; it applied again before the appellate court. The High Court summarily dismissed the second appeal as concluded by concurrent findings of fact.

Issue

  1. Whether the High Court should have considered the need for a Local Commissioner to demarcate the land.

Held

  • Since the real controversy was demarcation of land adjacent to the respondents' land, it was appropriate to appoint a Local Commissioner under O.XXVI R.9. The High Court ought to have considered this. The judgment was set aside and the second appeal restored; appeal allowed without costs.

Ratio decidendi

Where a dispute turns on boundaries or demarcation, the court should consider a local investigation under O.XXVI R.9.

Exam use

How to use it in an answer

Cite for the purpose and use of a local commission.

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Citation

Haryana Waqf Board v Shanti Sarup (2008) 8 SCC 671; 2008 AIR SCW 6500

Reported: https://indiankanoon.org/doc/675295/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.