IBRAHIM Vs. NANHOO

JUDGEMENT

(1.) On 15-4-1987 a motion by Ibrahim under Sec. 41, Land Revenue Act to Sub-Divisional Officer Sadar, Rampur for survey and re-laying of boundaries of his fields. The claim put forth is that he is tenant of khasra Nos. 75 and 265 whose area on the spot is less than in record because tenants of contiguous fields have committed encroachment. The relief to demarcate the area of his two plots is prayed for.

(2.) Sub-Divisional Officer orders Tahsildar for necessary action. On 18-4-1987 Tahsildar order Supervisor Kanungo for inquiry and report. The Land Records Inspector makes a survey and his re-laid down the boundaries of the fields. He submit his demarcation report on 7-7-1987. On 20-7-1987 Nanhoo files an objection in opposition blandly saying that measurement is incorrect because two fixed points were not taken. In consolidation operation stones were embedden in earth to serve as Fixed Points of survey. By the measurement some of his fields area, wantonly enough, in included in applicant Ibrahim's. No Site Plan has been prepared and that submitted is illegal. The relief to dismiss the demarcation report is prayed for. On 29-10-1991 Sub-Divisional Officer Sadar, Rampur enters an order of affirmance ; the report of Supervisor Kanungo dated 2-1-1990.

(3.) Objector Nanhoo appeals. On 13-5-1992 Sri H.D. Mishra, learned Additional Commissioner (Judicial) enters an order allowing the appeal, the order of court below dated 29-10-1991 is set aside. He remands with a positive direction that action for correction of map is sine quo non before undertaking a survey and demarcation. Aggrieved by the order, applicant Ibrahim files the revisions.