BINI RAM Vs. RAMESH BISHT

JUDGEMENT

(1.) THE parties agree that the matter can be disposed of at this stage.

(2.) HEARD and gone through the record.

(3.) IN fact when the suit filed by the respondent was pending at the stage of recording the evidence of the parties, an application under Section 151 of the Code of Civil Procedure was moved for demarcating the area alleged to have been encroached upon by the petitioner/defendant. Tehsildar was appointed as Local Commissioner. He filed his report against alleging encroachment, to which the petitioner herein filed objections which were dismissed and the application for seeking amendment in the plaint moved by the respondent/plaintiff was allowed. Accordingly, the learned trial Court framed the following additional issue: