Land Encroachment Dispute and Legal Remedy: Supreme Court’s Decision

The case of Ram Lal & Ors. vs. Salig Ram & Ors. revolves around a land encroachment dispute wherein the plaintiffs sought a prohibitory injunction and, in the alternative, recovery of possession. The case saw multiple appeals and judicial scrutiny before the Supreme Court of India.

The plaintiffs claimed ownership and possession over Khasra No. 146, situated in the village Saunkhar, Bilaspur, Himachal Pradesh. The dispute arose when the defendants, who owned adjacent land (Khasra No. 148), allegedly encroached upon the plaintiffs’ land and initiated construction.

Background of the Case

• The Trial Court initially dismissed the suit, ruling against the plaintiffs.
• On appeal, the First Appellate Court remitted additional issues to determine whether the defendants had encroached on the land.
• A Local Commissioner was appointed to demarcate the land and file a report.
• The report supported the plaintiffs’ claim, and the First Appellate Court decreed the suit in favor of the plaintiffs.
• The defendants then challenged this decision in the High Court.

High Court’s Decision

The High Court allowed the appeal, ruling that the Local Commissioner had not followed proper procedures while conducting the demarcation. It set aside the First Appellate Court’s decision, stating that there was no other reliable evidence proving the defendants’ encroachment.

Supreme Court’s Analysis

The Supreme Court critically analyzed the High Court’s reasoning and held that the dismissal of the entire suit based solely on the Commissioner’s procedural flaw was inappropriate. The Supreme Court ruled:

• If the Commissioner’s report was flawed, the correct approach was to order a fresh demarcation rather than dismiss the suit entirely.
• The First Appellate Court had not solely relied on the Commissioner’s report but had also considered oral and documentary evidence.
• The case should be remanded to the Trial Court for fresh examination with a new Local Commissioner.

Final Judgment

The Supreme Court set aside the High Court’s judgment and restored the suit to the Trial Court for reconsideration. A fresh Commission was to be appointed, and the matter was directed to be resolved within three months.

Key Takeaways

1. Encroachment disputes require strict adherence to procedural laws in land demarcation.
2. Courts should not dismiss claims solely based on procedural flaws if substantial evidence exists.
3. Remand is a viable solution when the lower courts fail to assess evidence correctly.

Petitioner Name: Ram Lal & Ors..
Respondent Name: Salig Ram & Ors..
Judgment By: Justice Abhay Manohar Sapre, Justice Dinesh Maheshwari.
Place Of Incident: Bilaspur, Himachal Pradesh.
Judgment Date: 04-02-2019.

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