NANAK CHAND AND OTHERS Vs. MAHENDER AND OTHERS

JUDGEMENT

(1.) Through instant civil revision petition preferred under Art. 227 of the Constitution of India, the petitioner has sought setting aside of order dated 14.12.2016 passed by Civil Judge, Junior Division, Faridabad vide which the application filed by the respondents for demarcation of disputed property bearing Bhakhal No. 137, House No. 829, situated within abadi of village Heerapur has been allowed and Naib Tehsildar, Ballabgarh has been appointed as Local Commissioner with direction to demarcate the said property.

(2.) The only contention put forth by learned counsel for the petitioner is that the ld. trial court has committed a grave error while allowing the application for appointment of Local Commissioner and for demarcation of the property in question, which, in fact, cannot be carried out in the densely populated area which has gone tremendous changes during the last more than 200 years when the consolidation proceedings had taken place several times. None of the numbers so mentioned in the suit exist at the spot as every time new numbers are allocated.

(3.) Further, the trial court has failed to appreciate the fact that the application for Local Commissioner has been filed by the respondents plaintiffs in order to create evidence in their favour, which is not permissible under law. The respondents-plaintiffs have to prove their own case on the basis of pleadings and evidence. Thus, the impugned order dated 14.12.2016 is not sustainable in the eyes of law and is liable to be set aside.