It would be impossible to demarcate and deliver possession of any: specific portion unless its identity is known.
In the absence of sufficient particulars, it is difficult to fix up its identity. Order 7, Rule 3 C.P.C. provides that where the subject matter of the suit is immovable property the plaint shall contain a descripttion of the property sufficient to identify it and in case such property can be identified by boundaries or numbers in a record of settlement or survey, the plaint shall specify such boundaries or particulars. Order 20, Rule 9, C.P.C. also provides that where the subject-matter of the suit is immovable property, the decree shall contain a descripttion of such property sufficient to identify the same. In the present case, the decree-holder claims delivery of possession in respect of a portion of the plot. There is however, nothing to show from which side of the plot he is entitled to take possession. It is difficult to understand why the executing court appointed a commissioner for demarcation of the land when it has not been specified in the decree. It is not open to the excuting court to divide the plot and deliver possession of any specific portion. It would be impossible to demarcate and deliver possession of any: specific portion unless its identity is known.
Orissa High Court
Rama Subudhi And Ors. vs Bhagirathi And Ors. on 28 September, 1981
Equivalent citations: AIR 1982 Ori 86
