GURMEET SINGH Vs. AMANDEEP SINGH

JUDGEMENT

(1.) CM-4638-CII-2017 Allowed, as prayed for.CR-1510-2017

(2.) The instant revision petition under Art. 227 of the Constitution of India is directed against the order dated 07.11.2016 passed by learned Civil Judge (Junior Division), Ludhiana, vide which the application filed by the petitioners for appointment of Local Commission was dismissed.

(3.) The submissions made Mr. S.S. Rangi, learned counsel representing the petitioners have been heard. Learned counsel for the petitioners submits that in the civil suit filed by the petitioners, they had claimed that they are owners in possession of land measuring 3 Kanals 8 Marlas forming part of the suit property measuring 8 Kanals 8 Marlas. It was also their contention that respondents No.1 to 3, 11 and 12 had forcibly encroached upon the area fallen to their share. To ascertain the encroachment made by the said respondents, appointment of a revenue official as Local Commission was the only remedy and their application for the said purpose was erroneously dismissed by learned trial Court. To support his argument, learned counsel relied upon Achhar Chand Vs. Hari Kishan (deceased) through LROrs., 2016(1) Civil Court Cases, 216.