ASHWANI KUMAR Vs. AMARJIT KAUR AND OTHERS

JUDGEMENT

(1.) Petitioner has assailed the order dated 03.07.2018 passed by the Civil Judge (Jr. Divn.) Bathinda vide which application for appointment of Local Commissioner was dismissed.

(2.) Brief facts of the case are that the plaintiff filed a suit for possession of a plot having defined dimensions as shown in the headnote of the plaint. Permanent injunction was also sought for restraining the defendant No.1 from alienating any portion of the aforesaid plot or creating any encumbrance over the suit property. It was pleaded by the plaintiff that the plot in question was illegally encroached by the defendants.

(3.) Defendants contested the suit by filing written statement, wherein factum of purchase of plot measuring 200 sq. yards at the instance of defendants No.2 and 3 from defendant No.4 vide sale deed dated 14.08.1995 was admitted and defendants No.2 and 3 further sold the same to defendant No.1 vide sale deed dated 09.06.2000. Defendants also alleged that the plot in question was situated in the street No.5/6 and was also known street No.5/7 from the other side.