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        Case ID :

        2016 (4) TMI 1379 - HC - Indian Laws

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        Local Commissioner appointment for possession handover upheld to ensure orderly transfer and contemporaneous inspection of property condition. Where parties agreed to an orderly handover of possession and no objection was raised, the Delhi HC exercised its procedural and inherent powers to ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Local Commissioner appointment for possession handover upheld to ensure orderly transfer and contemporaneous inspection of property condition.

                              Where parties agreed to an orderly handover of possession and no objection was raised, the Delhi HC exercised its procedural and inherent powers to appoint a Local Commissioner. The Commissioner was directed to supervise the handover and taking over of possession, inspect the condition of the property and its fixtures, furniture, appliances and allied amenities, and prepare a status report. Videography and photographs were permitted to preserve contemporaneous evidence of the premises at the time of execution. The order reflects the court's use of supervisory powers to ensure an orderly transfer and record the condition of the property.




                              Issues: Whether a Local Commissioner should be appointed to supervise handing over of possession and to inspect the condition of the property and its fixtures, furniture, appliances and allied amenities.

                              Analysis: The request for appointment of a Local Commissioner was made in the context of an agreed handover of possession. The opposing side raised no objection to the prayer. The Court therefore exercised its procedural and inherent powers to secure an orderly transfer of possession, contemporaneous inspection of the premises, and preparation of a status report, with videography and photographs to record the condition of the property at the time of execution.

                              Conclusion: The Local Commissioner was appointed, with directions to supervise the handing over and taking over of possession, inspect the premises, record the condition of the property, and file a status report.

                              Ratio Decidendi: Where parties consent to an orderly handover of possession and contemporaneous inspection is required to preserve the condition of the property, the Court may appoint a Local Commissioner under its procedural and inherent powers.


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                              ActsIncome Tax
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