MANOHAR LAL Vs. DIPANSHU

JUDGEMENT

(1.) Petitioner filed the present Civil Revision Petition under Article 227 of the Constitution of India assailing the order dtd. 18/8/2023, vide which, the learned Civil Judge, Palwal has dismissed the application of the petitioner for appointment of Local Commissioner i.e. Halqua Patwari to assess the physical possession of the suit property.

(2.) Impugned order shows that the application was dismissed by observing that it is a settled law that Local Commissioner cannot be appointed to determine that who is in possession of the suit property. Court cannot collect evidence on behalf of any of the parties. The question of possession cannot be determined by the Local Commissioner rather it is for the parties to lead necessary evidence to establish the possession.

(3.) Petitioner relies upon the authorities of this High Court in Jitender alias Leela versus Rashma, 2022 (2) Civil Court Cases 16, where the application was for appointment of Local Commissioner for reporting with regard to existing position of the spot in question as in that case the question involved was that defendant has started reconstruction over the property and for reporting as to if any reconstruction is carried out, Local Commissioner was appointed.