SMT. VIMLA YADAV Vs. KARAN SINGH

JUDGEMENT

(1.) The facts are : Smt. Vimla Yadav files a law suit under Sec. 209, ZA and LR Act in the court of Sub-Divisional Officer Sikandrabad, Bulandshahar. The claim is that she is bhumidhar tenant of khasra No. 54 area 5-11-10. Further case on 4-10-1987 defendant Karan Singh has encroached over an area of 41/2 gaththa and has included it in his adjoining land. This relief to eject the defendant is prayed for.

(2.) Defendant Karan Singh files a written statement disputing plaintiff's. On 16-10-1990 a mutation by Smt. Vimal Yadav saying it is expedient to make a local inspection to assess the area of encroachment and to ascertain damages caused by trespass. For this end a Survey Commissioner be appointed to make measurements of the plots ; to show the encroachment on the scale in the map ; the amount of damages. The applicant will bear the expenses of the Commissioner. Thereupon trial judge appoints Sri Jagdish Bhatti ; Advocate as Commissioner to visit the spot, to report after inspection and measurement. In response Shri Jagdish Prasad Bhati Advocate Submits a report is filed on 13-12-1991 by Smt. Vimal Yadav. On 23-9-1991 Sub-Divisional Officer orders Tahsildar submit a fresh inquiry report as advocate Commissioner's is not cogent and illuminating.

(3.) Defendant Karan Singh files a revision. On 28-2-1992 Additional Commissioner dismisses it but, strange, enough, is of the view that it is inappropriate to proceed with two separate trials ; orders consolidation of this suit with proceeding under Sec. 41, Land Revenue Act. Also persons likely to be affected by demarcation be impleaded. This viewpoint is that prime case is one under Sec. 41, Land Revenue Act. A re-survey be undertaken too. With these observations ; substantive in nature yet no reference ; the revision is dismissed. Aggrieved by the order Smt. Vimla Yadav files a revisions.