THRESSIA Vs. THE SECRETARY, ALOOR GRAMA PANCHAYAT, ALOOR

JUDGEMENT

(1.) THE court below has by the order impugned disallowed the prayer of the plaintiff to have an Advocate Commissioner appointed in a suit for declaration of title. The defendant Panchayath contend that the property in question is Panchayath purampoke and the proceedings under the provisions of the unauthorized occupants eviction Act have been initiated. It is also the case of the defendant Panchayath that a plan has been prepared by the department of Taluk Survey in regard to the Village puramboke. Whether the plaint schedule property is a Village Puramboke or not is a matter to be decided in the suit on the basis of evidence. The plaintiff relies on several documents including two partition deeds, one sale deed and one Will to lay claim over the property. The property covered by these documents of title have necessarily be identified and measured for a proper adjudication. The court below was therefore not justified in not deputing an Advocate Commissioner whose report will be a valuable piece of evidence.

(2.) I set aside the impugned order and allow I.A. No. 54/2011 in O.S. No. 387/2009 on the file of the Court of the Munsiff of Chalakkudy. The court below is directed to depute an Advocate Commissioner for the purpose of local inspection of the property and to measure and identify the same. Needless to say that the Advocate Commissioner can also refer to the plan prepared by the survey department at the instance of the defendant Panchayath. The original petition (c) is allowed as above. No costs.