RAM SINGH Vs. ZILE SINGH AND OTHERS

JUDGEMENT

(1.) DEFENDANT no. 1 - Ram Singh has approached this Court by way of instant Civil Revision petition filed under Article 227 of the Constitution of India impugning order dated 09.10.2012 (Annexure P -1) passed by the trial court, thereby dismissing objections filed by defendant no. 1 against demarcation report dated 04.01.2012 (Annexure P -6) made by Local Commissioner (Field Kanungo). I have heard counsel for the parties and perused the case file.

(2.) COUNSEL for the petitioner contended that the same Local Commissioner, vide report dated 12.11.2011 (Annexure P -5), reported that demarcation could not be carried out as not even a single pucca point was available for demarcation at the spot, but the same Field Kanungo, as Local Commissioner, vide subsequent report dated 04.01.2012 (Annexure P -6), has allegedly effected demarcation. Defendants no. 1 and 2 (petitioner and respondent no. 2) have allegedly encroached upon certain areas, but no details of demarcation/measurements have been given in the impugned report (Annexure P -6), and therefore, the said report is unsustainable.

(3.) I have carefully considered the matter.