SMT. LILA DEVI AND ANOTHER Vs. JAGDISH CHAND

JUDGEMENT

(1.) Challenge herein is to the order dated 10.03.2016 passed in an application registered as CMP No.(Civil Suit No.622/09/RBT 125/2015) 397/13, whereby the objections preferred to the report of Local Commissioner have been rejected.

(2.) The petitioners are defendants in the trial Court. The dispute which has been taken to the trial Court by the respondent-plaintiff is qua the encroachment of suit land entered in Khata No. 4 min, Khatauni No. 5 min, Khasra No. 144, measuring 10 marlas situate in Tikka and Mauza Bamsan, Tehsil Bhoranj, District Hamirpur. The pleadings in the suit are complete. The evidence also stands recorded. It is at the stage of final hearing, the respondent-plaintiff has filed an application under Order 26, Rule 9 of the Code of Civil Procedure for appointment of Local Commissioner to demarcate the suit land on the spot and submit the report. It is that application, which was allowed and Tehsildar Bhoranj was appointed as Local Commissioner. The Local Commissioner has conducted the demarcation on the spot and submitted the report to the trial Court. The report reveals that the petitioners-defendants have encroached upon a small piece of land measuring 0-0-1 sarsai belonging to the respondent-plaintiff by raising construction of their house.

(3.) The petitioners-defendants have filed objections to the report of the Local Commissioner, mainly that the demarcation has not been conducted in accordance with the procedure prescribed therefor. Learned trial Court has considered the objections and rejected the same vide order passed on 10.03.2016. It is this order, which is under challenge in this petition.