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<h1>Land dispute appeal denied, boundaries & entitlement determined. Justice McNair concurs.</h1> The High Court dismissed the appeal, affirming the lower court's decision regarding the boundaries in the land dispute, the authority to critique a ... - Issues:1. Interpretation of boundaries in a land dispute case2. Authority of the court to set aside a commissioner's report3. Determination of entitlement based on a pattaAnalysis:1. The case involved a dispute over the boundaries of certain lands claimed by the plaintiff based on a patta obtained from the patnidar. The trial court accepted the commissioner's view that the disputed lands were within the plaintiff's boundaries, but the appellate court disagreed, concluding that only a portion of the land was rightfully claimed by the plaintiff based on the boundaries specified in the patta.2. The appellant argued that the lower court erred in setting aside the commissioner's findings and only partially adopting the report. Citing precedent, the court held that the lower court did not exceed its authority by critiquing the commissioner's conclusions while accepting the facts and map presented. The court deemed it permissible for the lower court to disagree with the commissioner's ultimate determination.3. The appellant contended that the plaintiff, based on the patta, was entitled to all lands within the specified boundaries, not just the three bighas mentioned in the document. Drawing on a previous case, the court clarified that the plaintiff's entitlement was limited to the three bighas specified in the patta, similar to a case where tenants were obligated to pay rent for the entire land within specified boundaries regardless of the actual area. Therefore, the court upheld the lower court's decision that the plaintiff was not entitled to dispossess the defendants from the entire disputed area.In conclusion, the High Court dismissed the appeal, affirming the lower court's decision regarding the boundaries in the land dispute, the authority to critique a commissioner's report, and the determination of the plaintiff's entitlement based on the patta. Justice McNair concurred with the judgment.
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