Raja, S/o. Palaniyappan v. S. Murugesan, S/o. Sellappan
2026-06-05
T V Thamilselvi
body2026
DailyLaw.ai
ORDER : T.V. Thamilselvi, J. The Revision Petitioner/Defendant challenges the order of the learned Trial Judge allowing the application filed by the plaintiff for measurement of the suit property with the assistance of a Surveyor. 2. The learned counsel for the petitioner would submit that though an Advocate Commissioner was appointed and the property was measured, the Commissioner has carried out the exercise only on the basis of recent documents, without reference to the parent title deeds. It is contended that such measurement, without correlating the parent documents, would not yield a proper and conclusive identification of the property. Hence, objection has been raised. 3.Per contra, the learned counsel appearing for the caveator/respondent would submit that the Commissioner, after issuing due notice, visited the property with the assistance of a Surveyor and has already filed an interim report. It is further submitted that notice was served on the defendants 1 and 2, but they failed to participate in the proceedings before the Commissioner. Therefore, at this stage, the objections raised are not sustainable. 4.This Court has considered the submissions and perused the materials on record. 5.It is seen that the Commissioner had issued notice to the parties and proceeded with the execution of the warrant. However, it is also brought to the notice of this Court that the measurement was carried out primarily based on recent documents of the year 2025, without proper reference to the parent deed. In a suit for declaration and consequential reliefs, proper identification of the property is essential. Such identification necessarily requires correlation with the parent title deed, in addition to the subsequent documents. In view of the above, while sustaining the appointment of the Advocate Commissioner, this Court directs the very same Commissioner to re-measure the suit property with the assistance of a qualified Surveyor and, if necessary, with the aid of the concerned Revenue Officials, by correlating the measurements with the parent document No.1687/2007, dated 16.07.2007, along with other relevant title deeds. The expenses for the said exercise shall be borne equally by both parties. With the above directions, the Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.