JAGIR SINGH Vs. OM PARKASH AND OTHERS

JUDGEMENT

(1.) Plaintiff Jagir Singh has invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to challenge order dated 9.11.2011 Annexure P5 passed by the trial court thereby dismissing objections Annexure P/3 preferred by the plaintiffpetitioner against report Annexure P/2 made by the Local Commissioner.

(2.) Trial court vide order dated 21.7.2011 Annexure P/1 appointed Halqa Kanungo as Local Commissioner to inspect the spot and to report about existing state of affairs at the spot and to demarcate the suit property and also to prepare site plan. The said Local Commissioner submitted report Annexure P/2 wherein he mentioned about demarcation and existing constructions and also mentioned about possession of different persons over different parts of the suit property.

(3.) Plaintiff in his objections Annexure P/3 alleged that no notice was served on him by the Local Commissioner before visiting the spot. The Local Commissioner could not report regarding possession over the suit property but has reported the same which is illegal. The Local Commissioner also did not fix pucca points to demarcate the land. Defendants no. 3 to 5 by filing reply Annexure P/4 opposed the objections and controverted the averments made therein.