PHIDDU RAM Vs. CHAMAN LAL

JUDGEMENT

(1.) BY means of this petition, the Petitioner has challenged the order dated 17.09.2010 passed by the learned Civil Judge (Jr. Division), Court No. 2, Una, whereby he rejected the application filed by the Petitioner (here -in -after referred to as the Plaintiff) for appointment of a Local Commissioner i.e. Revenue Expert to demarcate the land in question.

(2.) THE undisputed facts are that the Plaintiff filed a suit claiming that he was owner in possession of the suit land and further prayed that the Defendant be restrained from interfering on the same. During the pendency of the suit an application for amendment was filed by the Plaintiff, which was allowed. By means of this application the Plaintiff alleged that during the pendency of the suit the Respondent had forcibly encroached upon part of the suit land and had also prepared a site plan to show what part had been encroached upon. The Defendant denied having encroached upon the land of the Plaintiff and alleged that this construction has been raised on his own land. Thereafter, the Plaintiff moved an application that a revenue expert be appointed as Local Commissioner with a direction to demarcate the suit land and to find out whether the construction raised by the Defendant is on the land of the Plaintiff or on the land of the Defendant. This application has been dismissed by the learned trial Court. Hence this petition.

(3.) IN my considered view no Court can decide the dispute in hand unless there is a proper report by a revenue expert detailing the areas owned by both the parties and then came to the conclusion whether the construction raised by the Defendant is on the land of the Plaintiff or not. In view of the above discussion, the present petition is allowed and the order of the learned trial Court is set -aside. The learned trial Court is directed to appoint a revenue expert to demarcate the land and file his report. Obviously, such demarcation will have to be carried out in terms of the instructions of the Financial Commissioner which form part of the High Court Rules and Orders. The petition is disposed of in the aforesaid terms. The parties can apprise the learned trial Court of the order passed by this Court on the date fixed by the learned trial Court.