LAW FOR ALL

Declaration and for recovery of encroached portion - Amin commissioner report held incomplete as it failed to fix the encroached portion and failed to measure some points noted - Lower court dismissed the suit as excutant of sale deed not examined and also counter claim of defendants - Appeal too resulted in dismissal along with cross objection - in second appeal , high court partly allowed the appeal and declared the title but failed to grant recovery of encroached portion and also dismissed the review petition - Apex court set aside the review petition and remitted the case to trial court for fresh adjudication with regard to the reliefs of recovery of khas possession of schedule-2 property and permanent injunction, only and the parties are permitted to adduce evidence and the Trial Court after adjudication shall pass a comprehensive decree in respect of all the reliefs claimed in the suit. = Phanidhar Kalita .. Appellant(s) -vs- Saraswati Devi & Anr. .. Respondent(s) = 2014 (March. Part ) judis.nic.in/supremecourt/filename=41320