RAJBIR SINGH Vs. DINESH AND OTHERS

JUDGEMENT

(1.) The revision is against the order directing the suit to be adjourned sine-die and allowing for the defendants to get the Khasra No. 180 corrected in its measurement by moving the appropriate authorities. It appears that in the suit for permanent injunction for property in khasra No. 76 and passage in Khasra No. 97, the plea by the defendants relates to measurement, which according to them, has been wrongly recorded. The court has, therefore, allowed for the defendants to move the appropriate authorities for correction.

(2.) It is rather a strange manner of abdicating court's power to revenue authority when relief of injunction is sought on the basis of the available revenue record. If the plaintiff makes out his case regarding possession with reference to khasra number included in the suit, the court is bound to grant the relief of injunction. The plaintiff take a risk of showing whether there exists encroachment or not. The court shall not be fettered by any action that the defendants for reversing correction in the measurement given in the village records. The impugned order is set aside. The court shall dispose of the case on the basis of the evidence already available and deliver a judgment as expeditiously as possible.

(3.) The revision petition is allowed with the above observations.