Order 26 Rule 9 Court commissioner for inquiry as to possession of the land and four boundires

Adv Digamber Dalve (Querist) 09 February 2011 This query is : Resolved
A case is filed for cancellation of sale deed and plaintiff have pleaded that possession is retained with him though in sale deed transfer of possession is clearly mentioned.
Plaintiff have filed application for appointment of court commissioner for investing / finding who is in possession and to asertain the four boundries.

whethere court commission can be appointed for finding possession?

Please support me with rulings/ authorities

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Amit Minocha (Expert) 10 February 2011
yes he can be appointed

Parveen Kr. Aggarwal (Expert) 10 February 2011
How a Local Commissioner can ascertain who is in possession of vacant land?

Advocate Bhartesh goyal (Expert) 10 February 2011
No,local commissioner can not be appointed to collect evidence.

Arvind Singh Chauhan (Expert) 10 February 2011
Yes commissioner can be appointed.

Kirti Kar Tripathi (Expert) 10 February 2011
I am of the view that commissioner can be appointed.

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