AIR 1987 SUPREME COURT 2137 ::1987 (4) SCC 71 ::1987 (2) CurCC 604 ::1987 HRR 522 ::(1987) 2 Guj LH 396 ::(1988) 1 Ker LJ 51 ::(1987) 2 Ker LT 777 ::(1987) 2 LandLR 484 ::(1987) 2 CurLJ(CCR) 637 ::1987 4 JT 360 ::(1987) 3 JT 360 (SC)

Supreme Court Of India

(From: Kerala)*

Hon'ble Judge(s): O. Chinnappa Reddy, K. Jagannatha Shetty , JJ

Civil P.C. (5 of 1908) , S.9— Suit for demarcating boundary of property is maintainable - English law on the subject - Cannot be applied in India. (1905) ILR 29 Bom. 73 and 1958 Ker LT 955, Overruled. @page-SC2138 A suit for demarcating the boundary of a property is maintainable. In India, the question whether a suit is cognizable by a civil Court is to be decided with reference to S. 9. If the suit is of a civil nature, the Court will have jurisdiction to try the suit unless it is either expressly or impliedly barred. A dispute regarding identification of boundary between two adjacent land owners is certainly a dispute of a civil nature and it is not barred either expressly or impliedly. The technicalities of English law and the distinction made by the English Courts between legal estates and equitable estates, cannot be imported into our jurisprudence.(Para 2)