RAJIV KUMAR BATRA Vs. KASHMIRI LAL SIKA

JUDGEMENT

(1.) THE plaintiff had filed a suit for possession alleging that he was owner of the suit land to the extent of 1/4th share. During the pendency of the suit, an application was filed by the plaintiff for appointment of the Local Commissioner to demarcate the suit land. Vide the impugned order dated 9.5.2009, the said application was dismissed. Hence, the present revision petition has been filed under Article 227 of the Constitution of India by the plaintiff-petitioner.

(2.) LEARNED counsel for the petitioner has submitted that the defendant had encroached upon portion of the land owned by the plaintiff. The defendant had also filed a counter claim that, in fact, the plaintiff had encroached upon the land owned by the defendant. In these circumstances, it was necessary for just decision of the case that a Local Commissioner be appointed to demarcate the land. In support of his arguments, learned counsel has placed reliance on the decision of this Court in Pohlu Ram v. Gram Panchayat 1980 P.L.J. 24, wherein it was held that the point in dispute as to whether the plaintiff had encroached upon the circular road of the village could only be decided by making measurements on the spot and for this purpose it was necessary to appoint a local commissioner.

(3.) LEARNED counsel for the respondent, on the other hand, has submitted that the revision petition was not maintainable. Moreover, the application had been moved by the petitioner just to delay the decision of the case. In support of his arguments, learned counsel has placed reliance on the decision of this Court in Balbir Kaur and others v. Pushpa Widge and others 2006(2) R.C.R. (Civil) 319, wherein it was held that if an application had been filed after a long delay to summon a local commissioner as a witness with an intention of delaying the proceedings then there was no justification for interfering in the order whereby the application was dismissed in the exercise of superintending jurisdiction under Article 227 of the Constitution of India.