JAGDISH PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) LOOKING to the controversy involved in this case and with the consent of the parties, matter is heard finally.

(2.) THIS petition is directed against the order dated 21-1-2009 by the Civil Judge Class II, Mehgaon in Civil Suit No. 47- A/2007 by which petitioner's objection in respect of the Commissioner's report was rejected.

(3.) LEARNED Counsel for petitioner submitted that there was a dispute in respect of the boundary of petitioner's land on which respondents were intending to construct a road. Petitioner moved an application that the disputed area, where the construction was proposed, belongs to the petitioner and a commission was issued to ascertain the exact location of the disputed land. The commissioner though demarcated the land but from one point, without ascertaining the fact that whether permanent marks/pillars were available and in case permanent marks were not available then he was under an obligation to affix three points from where he ought to have demarcated the land. Reliance is placed to a judgment of this Court in Second Appeal No. 98 of 1972, decided on 21-11-1977, Gulabsingh Vs. Ranchhod, reported in 1978 (II) MPWN Note 284 page 328, and submitted that the impugned order be set aside and the commissioner be directed to re-demarcate the land as per Rules of demarcation framed under Section 124 of the M. P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code' ).