RAM PADA MAHATO Vs. MRITYUNJOY PATTANAYAK

JUDGEMENT

(1.) THIS application is directed against the Order No.109 dated January 7, 2011 passed by the learned Civil Judge (Junior Division), 1st Court, Chandernagar in Title Suit No.2 of 1997 thereby rejecting a report submitted by the Investigating Commissioner.

(2.) THE short fact is that the plaintiff instituted a suit being Title Suit No.2 of 1997 for declaration of title, permanent injunction and other reliefs against the petitioner herein and another in respect of the suit property before the learned Civil Judge (Junior Division), 1st Court, Chandernagar. THE defendant / petitioner herein is contesting the said suit by denying the material allegations raised in the plaint. THE plaintiff filed an application under Order 26 Rule 9 of the C.P.C. for local investigation on the points as noted in the application for local investigation appearing as Annexure B to the application. That application was allowed on contest and accordingly a Survey Passed Commissioner was appointed. THE Survey Passed Commissioner submitted his report. THE plaintiff filed an objection against the report and upon hearing both the sides, the report submitted by the Investigating Commissioner was not accepted. Being aggrieved, this application has been preferred by the defendant.

(3.) SO far as the other three sides of the two holdings except the intervening portion are concerned, there is no dispute at all. The intervening portion left by the parties has been shown as A- 1 of the Schedule of the property and this is the common space which happened after leaving 1 foot and 6 inches at the ground level by each of the two parties.