DEVI RAM Vs. KRISHAN PAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by learned Additional District Judge (Presiding Officer Fast Track Court), Solan camp at Nalagarh in case No. 4 FTN/13 of 2006 decided on 21.3.2007 whereby he allowed the appeal filed by the plaintiff -Krishan Pal, set -aside the judgment and decree of the learned Civil Judge (Senior Division) Nalagarh dated 20.4.2006 in Civil Suit No. 239/1 of 2002 and directed that a fresh Local Commissioner be appointed and remanded the case back to the trial Court.

(2.) THE undisputed facts are that the plaintiff filed a civil suit claiming that the defendant had encroached upon his land comprised in khasra No. 505. There is no dispute that the defendant is owner of land comprising khasra No. 506 which adjoins this land. At the instance of the defendant a demarcation was carried out by DW -2 on 26th November, 2002 in the presence of both the parties. The said witness was asked to demarcate khasra No. 506. He carried out the demarcation of said khasra number and found that the defendant Devi Ram had constructed a house only on the land comprised in khasra No. 506. This demarcation admittedly was carried out in the presence of the plaintiff and the plaintiff has made a statement which is signed by him to the effect that he was satisfied with the demarcation report given by DW -2.

(3.) IT would also be pertinent to mention that when the second demarcation was carried out defendant Devi Ram did not agree to the said report and refused to sign the same.