In Brief
In this land encroachment dispute originating in 2003, the plaintiff claimed the defendants had unlawfully occupied excess land (38 Ares or 40,888 sq. ft.) beyond their titled rights. The trial court and appellate court dismissed the suit based on concurrent findings. On second appeal, the High Court itself appointed a surveyor whose report revealed a significant gap between the defendants' claimed area under their sale deeds (2,000 sq. ft.) and their actual occupation (40,888 sq. ft.). However, the High Court dismissed the second appeal without addressing this discrepancy. The Supreme Court held this was an error and remanded the case to the High Court to properly decide the substantial question of law regarding the impact of the surveyor's report on the encroachment claim.
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