KASHMIR SINGH Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) THIS petition is directed against the order dated 10.09.2009 whereby the application filed by the Petitioner for appointment of the Local Commissioner was rejected.

(2.) BRIEFLY stated the facts of the case are that the Petitioner filed a suit praying that a decree for permanent prohibitory injunction be passed restraining the Defendant either directly or through his agents, servants or assigns from raising any construction or changing the nature of the suit land or making a road/passage over the suit land comprised in Khata No. 25 min, Khatoni No. 27 min, Khasra No. 703/540 measuring 24 kanals.

(3.) I am afraid that the reasoning given by the learned trial Court is not at all rational. The allegation of the Petitioner is that the Defendant encroached upon the suit land in the first week of April, 2009. This allegation may be right or wrong but the fact is that the application was filed within 2/3 weeks of the alleged encroachment. Furthermore, even now the stand of the Defendant -Respondent is that he has nothing to do with the land of the Plaintiff and whatever construction he is raising is on the land owned and possessed by him. The question as to whether any construction has been raised by the Defendant on the land of the Plaintiff or whether the Defendant has taken possession of any portion or the suit land cannot be decided without appointing a revenue expert to demarcate the land in question. This is a boundary dispute between the parties and therefore, it is necessary to appoint a Local Commissioner.