SATISH KUMAR Vs. DAGU RAM

JUDGEMENT

(1.) Challenge herein is to the order passed on 23.7.2013 by learned Civil Judge (Junior Division), Chachiot at Gohar, District Mandi in an application under Order 26 Rule 9 CPC filed in Civil Suit No.41/09 whereby the Assistant Collector 1st Grade, Tehsil Chachiot, District Mandi, has been appointed as Local Commissioner and directed to demarcate the land entered in Khata Khatauni No.213min/240, bearing Khasra No.313/5, measuring 0-5-4 bighas situated in Mohal Gohar/63, Tehsil Chachiot, District Mandi, H.P., and the adjoining land bearing Khasra Nos.280 & 281 and to submit the report as to whether the petitioner-defendant has made any encroachment thereon or any portion thereof or not.

(2.) The challenge to the impugned order is on the grounds inter alia that suit land stands already demarcated and the demarcation report Ex.PW-2/A along with Tatima Ex.PW3/A has been produced in evidence by the respondentplaintiff during the course of trial. The impugned order qua re-demarcation of the land allegedly amounts to fill up the lacuna left in the case of the respondent-plaintiff.

(3.) Having gone through the record and taking into consideration the submissions made on both sides, the bone of contention in the present lis is land measuring 0-1-16 bigha denoted by Khasra No. 313/5/1 and 0-0-16 bigha denoted by Khasra No.313/5/2 allegedly encroached upon by the petitioner-defendant out of the entire land bearing Khasra No.313/5 measuring 0-5-4 bighas. The petitioner-defendant, however, denied the allegations so raised in the plaint being wrong and in the alternative raised a plea that if any portion of the land bearing Khasra No.313/5 is found in his possession, he has acquired ownership thereof by way of adverse possession.