JAI BHAGWAN Vs. RAJPAL SINGH AND OTHERS

JUDGEMENT

(1.) INSTANT revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 04.12.2012 passed by the learned Additional District Judge, Rohtak whereby application moved by the petitioner for appointment of Tehsildar or Girdawar as local commissioner for identifying the land, specifically the area mentioned in the sale deed, so that the identity of land purchased by the petitioner could be established, has been dismissed. While dismissing the said application, the learned Additional District Judge, Rohtak has observed that there is no necessity to appoint the local commissioner in the present case for demarcation of the property in question and has further observed that it would amount to collect evidence to fill up lacuna in sheer abuse of process of law. I have heard learned counsel for the parties and perused the record.

(2.) PERUSAL of the plaint indicates that in the title of the case, only suit for declaration with consequential relief of permanent injunction has been mentioned. In para no. 2 of plaint, no khasra number has been mentioned, it is only mentioned that the plaintiff was owner in possession of plot measuring 166/3/4 square yards situate in village Pilana, Tehsil & District Rohtak which is bounded as under: