CHURHU Vs. ZULFEQAR

JUDGEMENT

(1.) THIS is plaintiff's second appeal under section 100 of the Code of Civil Procedure (for short Code) in a suit for demolition of constructions and for a direction to Che defendants to bring the land in dispute to its original position, The relief for possession was also sought in alternative

(2.) THE suit was filed with the allegation that the plaintiff was old resident of the village and has got his house and Sahan. THE land in dispute was marked with letters ABCD in the plaint map. THE defendants without any authority raised some construction on the land of the plaintiff hence the necessity to institute the suit arose.

(3.) SRI V. C. Mishra, learned counsel for the appellant urged that the extracts of Khatauni 1288 F has been erroneously rejected just on the ground that patwari has not issued necessary (certificate and that Vakil Commissioner's report being a substantive evidence has not been considered as such by the lower appellate court and even the objections of the defendants against the report of the Commissioner were rejected.