Tenancy rights - Advocate Commissioner
G. ARAVINTHAN
(Querist) 19 December 2010
This query is : Resolved
In a case of Suit for Recovery of Possession of a cultivable landof a cultivable land and mesne profits , Landlord/Plaintiff filed application for appointment of Advocate Commissioner to watch harvest and to deposit amount of harvest in Bank.
Is this possible?
(Citations and suggestions on both sides welcome)
Khaleel Ahmed
(Expert) 19 December 2010
Plaintiff or Defendant can file a petition for the appointment of advocate commissioner for their required purpose.The court will appoint the advocate commissioner,the advocate commissioner will issue notices to the concerned parties or their counsel for spot inspection. Both the counsels can hand over their work memo to the advocate commissioner.In your query you have mentioned that, the advocate commissioner may be appointed to watch harvest and deposit amount of harvest in Bank.yes it is possible for advocate commissioner to deposit the amount of harvest in the bank with the direction of the Honble court.
Parveen Kr. Aggarwal
(Expert) 19 December 2010
Instead of "Commissioner" court can appoint a "Receiver" exercising its powers under Order XL of the Code of Civil Procedure, 1908.
Order 40, Rule 1 provides for such appointment.
"1. Appointment of receivers: (1) Where it appears to the Court to be just and convenient, the Court may by order-
(a) appoint a receiver of any property, whether before or after decree;
(b) remove any person from the possession or custody of the property;
(c) commit the same to the possession, custody or management of the receiver; and
(d) confer upon the receiver all such powers, as to bringing and defending suits and for the realization, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents as the owner himself has, or such those powers as the Court thinks fit.
(2) Nothing in this rule shall authorize the Court to remove from the possession or custody of property any person whom any party to the suit has not a present right so to remove."
Raj Kumar Makkad
(Expert) 19 December 2010
The procedure and the aim of the provision told by Khaleel is accurate.
G. ARAVINTHAN
(Querist) 19 December 2010
Here in this case, lnadlord filed application for appointment of Commissioner to watch the harvest and to deposit the yield of harvest in Bank
Khaleel Ahmed
(Expert) 20 December 2010
No problem who ever may be either land lord or tenant can file such petition,it will be discretion of the court.
definately court will order the same request made by the land lord.
Parveen Kr. Aggarwal
(Expert) 20 December 2010
A Civil Court can appoint "Commissioner" only for two purposes, either to record evidence or for investigation. Watching of harvest and deposit of yield in bank cannot in any manner be said to be covered under any of them.
G. ARAVINTHAN
(Querist) 20 December 2010
yes Parveen Agarwal, can you say any citations
Parveen Kr. Aggarwal
(Expert) 21 December 2010
Mr. Aravinthan,
Kindly go through the provisions of Rules 1 and 9 of Order 26 of the Code of Civil Procedure, 1908.
Pritam Saini, Advocate
(Expert) 22 December 2010
An advocate is not capable to asses the produce or its value.The court should be appoint a agriculture exepert like agricultre inspector or may be who can asses what kind of seeds of crops and avreage crop in the area and market rate of that crop in that financial year.In our Haryana state genrel practice for calculate the price is governed as per punjab secuority of land tenures act 1953 and accesed the price as per khasra girdaweri plus collecter rate of the year (in khasra girdaweri there is mentioned kind of crops and khasra no.i.e. area of land )
G. ARAVINTHAN
(Querist) 23 December 2010
Thanks all of you experts
