BRIJLAL Vs. SAJJAN SINGH

JUDGEMENT

(1.) Aggrieved of the order dtd. 1/11/2018 passed by learned Additional District Judge, Narnaul (hereinafter referred to as 'Appellate Court') whereby, the appeal filed by the respondent No. 1/defendant (hereinafter referred to as 'respondent') was dismissed but the learned trial Court was directed to appoint the Local Commissioner to demarcate khasra No. 112 and 203/3 and in case the petitioner-plaintiff (hereinafter referred to as 'petitioner') had encroached upon any portion of khasra No. 203/3, he was made liable to pay amount of Rs.50,000.00 as penalty.

(2.) The facts in brief are that the petitioner filed a suit against respondent that petitioner is the owner in possession of the land comprising khewat No. 127, khatauni No. 130 kita 13 measuring 50 kanal 03 marla as per jamabandi for the year 2014-15 situated at village Lawan, Tehsil and District Mahendergarh. On the suit land measuring 0 kanal 08 marlas gair mumkin abadi the petitioner had constructed a house and it was prayed that the respondent be restrained from interfering in the peaceful possession and usage of the said land. Along with the suit, an application under Order 39 Rules 1 and 2 read with Sec. 151 of the Code of Civil Procedure 1908 (for short 'CPC') was also filed. The application was allowed by learned trial Court vide order dtd. 12/9/2018. Aggrieved of the said order, the respondent filed an appeal before the Appellate Court.

(3.) The learned Appellate Court after considering the fact that the petitioner is owner in possession of khasra No. 112 measuring 8 marla and respondent is the owner in possession of khasra No. 203/3, dismissed the appeal vide impugned order dtd. 1/11/2018. However, a direction was given to the trial Court to appoint the Local Commissioner to demarcate khasra No. 112 and 203/3 and in case it was found that the petitioner-plaintiff has encroached upon any portion of khasra No. 203/3, he would be liable to pay amount of Rs.50,000.00 as penalty and his construction from that part of khasra No. 203/3 shall be removed. Aggrieved of the said order the present civil revision petition has been filed.