In Brief
The Supreme Court allowed an appeal concerning land encroachment in Himachal Pradesh. The trial court initially dismissed the suit, but the first appellate court remitted additional issues and appointed a Local Commissioner to investigate. The Commission found encroachment, the trial court accepted the report, and the appellate court decreed possession for the plaintiff. The High Court, however, set aside this decree, holding the Commissioner had failed to follow proper demarcation procedures. The Supreme Court held that procedural defects in a Commission's report require a fresh commission, not dismissal of the suit. The Court remanded the case for a fresh demarcation and reconsideration on all evidence.", <parameter name="bench">["Dinesh Maheshwari"]
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