Disputes as to boundaries

§11

Summary

(1) If in the course of a survey under this Act, a dispute is found to exist as to the boundaries of any land or premises to be surveyed, an inquiry shall be held by an officer specifically authorized in this behalf, for the purpose of determining such dispute. (2) The officer authorized under sub-section (1) shall cause a notice in writing under his hand to be served on the parties concerned requiring them to appear before him, in person or by authorized agent, on a specified day and to produce evidence of possession of the land or premises in dispute. (3) On the specified day or on such other day to which the hearing may be adjourned, the officer authorized under sub-section (1) shall hear the parties, receive the evidence produced by them respectively, consider the effect of such evidence, take such further evidence as he may think necessary and without reference to the merits of the claim of any of such parties to a right to possess the land or premises in dispute, decide which party is in possession of said land or premises at the time of the survey. (4) For the purposes of the inquiry, the officer authorized under sub-section (1) shall have power to summon and enforce attendance of witnesses and compel the production of documents by the same means and in the same manner as is provided in the case of a court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908). (5) After the inquiry has been completed, the officer authorized under sub-section (1) shall pass an order in writing defining clearly the subject of dispute and recording his decision and.assigning clearly the reasons for such decision. (6) An appeal against the order passed under sub-section (5) shall lie to the Tribunal and such appeal may be preferred within sixty days from the date of such order.

(1) If in the course of a survey under this Act, a dispute is found to exist as to the boundaries of any land or premises to be surveyed, an inquiry shall be held by an officer specifically authorized in this behalf, for the purpose of determining such dispute. (2) The officer authorized under sub-section (1) shall cause a notice in writing under his hand to be served on the parties concerned requiring them to appear before him, in person or by authorized agent, on a specified day and to produce evidence of possession of the land or premises in dispute. (3) On the specified day or on such other day to which the hearing may be adjourned, the officer authorized under sub-section (1) shall hear the parties, receive the evidence produced by them respectively, consider the effect of such evidence, take such further evidence as he may think necessary and without reference to the merits of the claim of any of such parties to a right to possess the land or premises in dispute, decide which party is in possession of said land or premises at the time of the survey. (4) For the purposes of the inquiry, the officer authorized under sub-section (1) shall have power to summon and enforce attendance of witnesses and compel the production of documents by the same means and in the same manner as is provided in the case of a court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908). (5) After the inquiry has been completed, the officer authorized under sub-section (1) shall pass an order in writing defining clearly the subject of dispute and recording his decision and.assigning clearly the reasons for such decision. (6) An appeal against the order passed under sub-section (5) shall lie to the Tribunal and such appeal may be preferred within sixty days from the date of such order.

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