GIAN CHAND Vs. RATTAN LAL

JUDGEMENT

(1.) This petition is directed against the order dated 10.08.2010, whereby the application filed by the plaintiff for appointment of Local Commissioner has been rejected.

(2.) It is not disputed that the application was filed at the fag end of the suit, when the case was listed for arguments. The plea in the application was that despite stay orders granted by the Court, the defendant had constructed kitchen and occupied 7 x 2 meters of the land, owned and possessed by the plaintiff. This is the only ground given in the application for appointment of Local Commissioner. Whether the reporters of local papers may be allowed to see the Judgment? Yes.

(3.) Petitioner has already been examined in Court and in his cross-examination, he admitted that he had obtained demarcation of the land from the Revenue Authorities before filing the suit. The learned trial Court has rightly held that once plaintiff had obtained demarcation of the land, he should have either proved the said demarcation but could not ask the court to appoint Local Commissioner to demarcate the land without getting the earlier demarcation report set aside.