NAGENDER PAL AND OTHERS Vs. SANTU AND OTHERS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dated 11.4.2016 passed by learned Civil Judge (Junior Division), Chachiot at Gohar, District Mandi in Civil Suit No. 34 of 2010 whereby the application filed by petitioners for appointment of Local Commissioner came to be dismissed.

(2.) The facts giving rise to the instant petition are that the petitioners have filed a suit for possession on the basis of title with regard to the land comprised in Khewat No. 41, Khatauni No. 60, bearing Khasra Nos. 3, 4, 6, 8, 9, 13, 18, 19, 20, 21, 23, 24, 26, 32, 281 and 283, Kitas 16, measuring 22-18-05 bighas, situated in Mauza Dan, Hadbast No.120, Tehsil Chachiot, District Mandi, H.P. alleging therein that this land is jointly owned and possessed by the petitioners and others. The respondents since October, 2009 started causing unlawful interference over the land bearing Khasra Nos. 6, 8 and 9 for the purpose of raising construction of a house on some portion of this land and thereafter raised construction forcibly on some portion of Khasra Nos. 6 and 9 and started cultivating remaining of Khasra Nos.8 and 9.

(3.) The respondents filed written statement-cum-counter claim wherein it was alleged that the revenue entry qua Khasra No. 8, measuring 0-1-6 bigha was wrong, illegal and null and void. It was further alleged that there was residential house of the respondents over Khasra Nos. 8 and 11 since the time of their predecessor-ininterest. It was also alleged that the petitioners in connivance with the consolidation officers wrongly and illegally got the suit land allotted in their favour.