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ajjaiah cm   01 December 2023

Court commissiner

As I am working as court commissiner ...in fdp cases when petitiner and defendent  absent during survey...can we coplete survey as per records or panchas village people...2 when suit land enjoying by other people can we survey as per degree..3 when court is appointing adlr as commoner they can allot other surveyors to do work



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 8 Replies

T. Kalaiselvan, Advocate (Advocate)     01 December 2023

This is not a place to promote your products. 

Shashi Dhara   01 December 2023

You can inform the court about the situation the court will order to do as court regulations as per law when both parties are not co operating to perform duties of commission.

P. Venu (Advocate)     01 December 2023

The posting suggests no legal elements.

T. Kalaiselvan, Advocate (Advocate)     01 December 2023

If you were appointed as court commissioner to inspect the suit property, your duty is to first send notice to the parties to the suit and also to the government surveyor and revenue officer.

If the parties do not appear then record the same and complete the commission work as per the stipulation made in the warrant.

LCI Thought Leader Sulakshana Survase   02 December 2023

In India, conducting surveys in cases involving absent petitioners and defendants during Family Dispute Resolution (FDR) is guided by legal provisions and precedents. When both the petitioner and defendant are absent during the survey, courts may resort to utilizing available records or testimonies from witnesses, often including village panchas (elders). Section 73 of the Indian Evidence Act empowers courts to consider secondary evidence in situations where primary evidence is not accessible or absent. This provision allows the court to proceed with the survey by relying on credible sources such as records and community testimonials in the absence of the involved parties.

Furthermore, in cases where land possession is disputed or enjoyed by someone other than the rightful owner, courts must conduct surveys aligned with the court decree determining the rightful ownership and possession. The survey should reflect the decree to establish the ground reality effectively.

Regarding the appointment of additional surveyors by a court-appointed adlr (Additional District Land Registrar), the adlr can delegate survey work to other surveyors to assist in executing the survey within the framework of the court's order and in accordance with applicable laws. This delegation should align with the court's directions, principles of natural justice, and statutory provisions to ensure a fair and accurate survey, even in the absence of parties involved, upholding the integrity of legal proceedings.

Relevant case laws such as Gurpreet Kaur v. Sucha Singh and R. Rajagopal Reddy v. Padmini Chandrasekharan support the use of secondary evidence and surveys aligned with court decrees to establish possession and ownership in such cases.

P. Venu (Advocate)     02 December 2023

The posting, as well as the replies from Sanskriti Tiwari and Sulakshana Survase are rather intriguing,

As to the posting by ajjaiah cm, he is seeking suggestions in dealing certain situations in FDP case. What is FDP - Is it Final Decree Proceedings in partition suits? if so, in such cases, commissioners and surveyor are appointed case-wise. To my knowledge, there is no system of having a common commissioner in all the FDP cases. The Commissioner is appointed from a panel of advocates; so also, the surveyor.

The Commissioner is required to give advance notice to the parties before the survey and impossible that survey is possible unless at least the Petitioner or his representative is present.

As regards to the replies from Sanskriti Tiwari and Sulakshana Survase, the latter posting is a verbatim reproduction of the former. It appears that both the replies are AI generated.

Curiously, Sulakshana claims to be LCI Thought Leader!

 

T. Kalaiselvan, Advocate (Advocate)     02 December 2023

As rightly observed by expert Mr Venu, the replies of both Sanskriti Tiwari and Sulakshana Survase in most of the threads are same, hence this doubt that they both are one and the same person is looming in my mind too for a long time. 

Sanskriti Tiwari   03 December 2023

Respected experts, I am just an undergraduate law student (4th year) and have recently joined the LCI as an intern and Ms. Sulakshana Ma'am seems to be a Ld. Advocate, an LCI Thought Leader as well as an old member of LCI (as seems from her profile).

Moreover, I assure you that we are not the same persons and if you could see that I was the one who has first posted the reply and I have also got the notification today of her replies in two of the threads (court commissioner and sale agreement) which are exactly the same as that of mine and the same thought is also popping up in my mind that why she always posts my replies only, even when I am just a student and there are experts like you present. 

I request respected Sulakshana Ma'am to please clear all the doubts which are popping up in the minds of experts as well as mine. 


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