VASANTRAO DIGAMBARRAO NALKANDE Vs. RAGHUNATH DEOLAL NALKANDE

JUDGEMENT

(1.) The substantial question of law involved in the matter is as under;

(2.) The accurate map showing correct measurements so as to decide the ultimate question of alleged encroachment was required to be prepared by the Cadastral Surveyor. The lower appellate Court has pointed out some defects in the procedure of preparing such map, deposed by the Cadastral Surveyor himself. The relevant observations of the lower appellate Court are contained in Paragraph No. 18, which is reproduced below.

(3.) In the light of the aforesaid observation made by the lower appellate Court, the Cadastral Surveyor is required to carry out the measurement by observing the procedure deposed by him. The accurate map prepared can help the Court to adjudicate on existence of any encroachment over Survey No. 6/1 belonging to plaintiff. The lower appellate Court could have, therefore, remanded the matter back to the trial Court. The order dismissing the suit cannot, therefore, be sustained. The substantial question of law is answered accordingly.