RAM LAL Vs. KRISHAN DUTT

JUDGEMENT

(1.) THE petitioner, by means of the present petition under Article 227 of the Constitution of India assailed the order dated 8.11.2011 passed by the learned trial Court in CMP No.308/6 of 2011 rejecting the application of the petitioner under Order 26 Rule 9 of the Code of Civil Procedure being harsh and arbitrary.

(2.) HEARD Shri Virender Singh Chauhan, learned counsel for the petitioner and examined the order impugned.

(3.) AS a matter of fact, the respondent got the suit land demarcated prior to the filing of suit in the presence of the petitioner herein in the month of May, 2006 from Assistant Collector, Nahan and the petitioner was found to have encroached suit khasra. Thus, he filed suit for possession on the basis of his title. The suit was resisted and contested, but the title of the respondent was not disputed, rather alleged encroachment on his own land by the petitioner. Further agitated that while demarcating the land of the respondent -plaintiff, the guidelines issued by the Financial Commissioner were not taken in to consideration and the Assistant Collector showed the land of the plaintiff/ respondent wrongly in his possession.