PARMODH SINGH Vs. MADAN LAL

JUDGEMENT

(1.) The plaintiff-petitioner has filed a suit for permanent prohibitory injunction for restraining the defendants, their servants, legal representatives and assignees and other from dispossessing the plaintiff or cutting khair trees and other valuable trees during the pendency of the suit.

(2.) The plaintiff-petitioner filed an application for appointment of local commissioner on the ground that it was necessary to appoint local commissioner in order to elucidate how much and in what manner the defendants have occupied the suit land. It was further contended that the defendants-respondents had cut the khair trees over the suit land and removed the boundary wall, as a result whereof the applicant had been dispossessed from the portion of the suit land. Thus, in order to know that how much of the area has now been illegally occupied by the respondents-defendants, the appointment of the local commissioner is absolutely necessary.

(3.) The application so filed by the petitioner-plaintiff was contested by the defendants-respondents and in their reply, it is submitted that they had sought for demarcation and obtained report on 20/7/2003 through Tehsildar which was confirmed by SDM on 5/11/2013 in the presence of the applicant-plaintiff, which showed the suit land. Earlier also a civil suit filed by the applicant-plaintiff was dismissed and order was upheld by the learned District Judge. It was claimed that the applicant/plaintiff has concealed the material facts and on this ground alone the application should be dismissed.