AKAL EDUCATIONAL SOCIETY Vs. MADAN LAL

JUDGEMENT

(1.) Plaintiff-Akal Educational Society has filed the revision petition under Art. 227 of the Constitution of India for setting aside the impugned order dated 19.09.2011 (Annexure P-3) passed by learned Civil Judge (Junior Division), Jalandhar thereby, dismissing the application (Annexure P-2) moved by the plaintiff-petitioner for appointment of Local Commissioner for demarcation of the suit property.

(2.) Case of the plaintiff-petitioner is that the defendant has encroached upon part of the land of the plaintiff as found on demarcation got made at the time of purchase of the suit land by the plaintiff.

(3.) In application (Annexure P-2), the plaintiff alleged that to connect the portion of plaintiff's land encroached by the defendant, it is necessary that demarcation of the land of the plaintiff be made by Local Commissioner. The said application has been dismissed by the trial court vide impugned order (Annexure P-3) which is under challenge in this revision petition.