Appointment of commissioner after judgement
surjit singh
(Querist) 21 October 2014
This query is : Resolved
In a Civil suit the where the case was the plaintiff was dispossed after one and half years of taking possession from a piece of land by the defendant under the pretex that he bought the land much earlier from the seller. The petitioner bought the land from the brother of the seller being the share of the other brother.
Now the judgement has been passed in favour of the plaintiff ordering that the petitioner will approach the court for appointment of commissioner through his counsel and thereafter the petitioner will take possession of the land.
My query is
1. Since there is a direction for appointment of commissioner for taking possession whether the plaintiff will have to file an execution case for it or to file an application for appointment of commissioner for taking possession.
2. Whether it is advisable to file an application for cancellation of the sale deed of the defendant before the Registering authority, because the area of land shown in the sell deed of the defendant is more than the share of the seller(brother who sold to the defendant, which has been upheld in the judgement.
Devajyoti Barman
(Expert) 21 October 2014
1. No need for application, file execution proceeding straightway.
2. Since dcree for recovery of possession is granted no need for cacellation fo sale deed is required either. in any case such relief is barred by order 2 rule 2 of cpc now.
surjit singh
(Querist) 22 October 2014
Thanks for your valuable reply.
So far filing of application for cancellation before the Sub-Registrar of the Registering authority I want to file this application apart of filing execution petition for execution of the decree.
Devajyoti Barman
(Expert) 22 October 2014
You would be doing needless things then. Best of luck.
