Supreme Court Rejects Remand in Land Title Dispute — “When Matter Can Be Decided on Interpretation of Documents, No Justification to Appoint Court Commissioner Again; Appointment of Another Court Commissioner Would Further Delay the Proceedings Which Have Been Pending for Over 14 Years”

Court’s Decision

The Supreme Court allowed the appeal challenging the Kerala High Court’s decision that had remanded a title dispute back to the Trial Court for a de novo disposal. The Apex Court found that the High Court erred in directing remand solely due to a discrepancy in survey numbers despite the fact that all boundary descriptions and extent of land in the sale, conveyance, and settlement deeds were identical.

The Court observed:

“When the matter could have been decided on the interpretation of the said three documents, again remitting the matter only for the appointment of another Court Commissioner would further delay the proceedings between the parties which have been pending for more than 14 years.”

Accordingly, the Court directed the High Court to decide the appeal on its own merits within six months.

Facts

• In 1955, the appellant’s father executed a sale deed (No. 122/1955) transferring “Verumpattom Rights” over 9 cents of land in Survey No.1236 to the respondents’ father.
• In 1964, a conveyance deed (No. 185/1964) was executed by the appellant’s father conveying “Jenmam Rights” over 9 cents in Survey No.1250 to the same party.
• In 1994, the respondents’ father executed a settlement deed (No. 1560/1994) in favour of respondent no. 1 in respect of the same property.
• The respondents filed a civil suit in 2011 (O.S. No. 246 of 2011) seeking declaration of title, boundary fixation, and injunction.
• The Trial Court dismissed the suit in 2017.
• In appeal (R.F.A. No. 42 of 2018), the High Court remanded the matter in 2021 for reconsideration.
• The Supreme Court in 2023 set aside that remand, holding it lacked reasoning, and directed the High Court to hear the appeal afresh.
• The High Court again remanded the matter on 9 January 2024 for de novo trial citing lack of proper land identification.
• Aggrieved, the appellant challenged this second remand order.

Issues

• Whether the High Court was justified in remitting the matter back to the Trial Court again despite the existence of consistent boundary descriptions in the relevant title documents.
• Whether the discrepancy in survey numbers warranted a fresh round of trial and Court Commissioner’s report.

Petitioner’s Arguments

• The appellant’s counsel submitted that the sale deed and conveyance deed related to the same property, with identical boundary descriptions and land area.
• The discrepancy in survey numbers was clarified in the 1994 settlement deed.
• He argued that remitting the matter again was unnecessary and would only prolong litigation already pending for over 14 years.

Respondent’s Arguments

• The respondents contended that the High Court’s direction for remand was justified due to the Court Commissioner’s failure to clearly identify the subject land.
• The appointment of another Commissioner would aid proper adjudication on the merits.

Analysis of the Law

The Court found that the description of boundaries and land extent (9 cents) in all documents—sale deed, conveyance deed, and settlement deed—were the same.

The discrepancy in survey numbers was addressed in the settlement deed, which stated:

“The Survey number is mentioned in the document as 1250 but then as per Sale Deed No.122/55… the property which I am giving to you is included in Survey No.1236.”

Thus, the Court held that documentary interpretation was sufficient to resolve the dispute.

Precedent Analysis

Although no specific earlier judgments were cited in support of the legal principle, the Court applied a settled doctrine: when documentary evidence is unambiguous and sufficient for adjudication, remanding for further fact-finding or appointing a commissioner is unwarranted.

Court’s Reasoning

• The High Court itself noted that boundary descriptions in all deeds were identical.
• The only discrepancy was in the survey numbers—1236 in the sale and settlement deeds, and 1250 in the conveyance deed.
• The settlement deed expressly clarified that the property was indeed in Survey No.1236.
• The Court held that this interpretation of deeds was sufficient to resolve the title dispute.
• Ordering another remand and commissioner’s report would unduly delay the matter.

“We are thus of the considered view that the learned Single Judge of the High Court has erred in remitting the matter on the second occasion…”

Conclusion

The appeal was allowed with the following directions:

1. The High Court’s judgment dated 9 January 2024 remanding the matter was set aside.
2. The High Court was directed to decide the appeal (R.F.A. No. 42 of 2018) afresh on merits, within six months.

Implications

This ruling reinforces that:

• Courts must avoid unnecessary remand when disputes can be resolved through interpretation of clear documentary evidence.
• Delay in civil litigation—particularly land disputes—must be minimized by avoiding redundant procedural steps.
• Proper application of judicial discretion is necessary before invoking remand powers under appellate jurisdiction.

Also Read – Supreme Court Strikes Down Discriminatory Rules Excluding Visually Impaired from Judicial Posts — “Reasonable Accommodation Is a Right, Not Charity”: Directs Inclusive Selection Process, Separate Cut-Offs, and Full Implementation of RPwD Act in Judicial Recruitment