TAYYUB HUSSAIN Vs. JAI NARAYAN

JUDGEMENT

(1.) The learned counsel appearing for the present appellant has point out that a Local Commissioner was appointed with agreement of the parties before the trial court and a demarcation report had been submitted.

(2.) On the basis of the aforesaid demarcation report, the suit of the plaintiff had been dismissed and the counter claim filed by the defendants had been decreed by the trial Court. However, the learned first Appellate Court had found that the aforesaid demarcation report was not in accordance with law.

(3.) The learned counsel has thus argued that even if the aforesaid report was not in accordance with law the appellate Court could have, on some application filed by the aggrieved party, appointed another Local Commissioner but in any case, the findings recorded by the trial Court and the judgment and decree of the trial Court could not have been set aside.