GHANAIYA LAL Vs. DIWAN CHAND & ANR

JUDGEMENT

(1.) The present review petition, under Order 47, Rules 1 and 2 of the Code of Civil Procedure and Sec. 114 of the Code of Civil Procedure, has been maintained by the petitioner against the impugned judgment and decree passed in Regular Second Appeal No.171 of 2006, dated 20.8.2016.

(2.) As per the petitioner, this Court while passing the impugned judgment, has not taken into consideration the report of Local Commissioner, on the basis of which, the judgment and decree was passed by the learned lower Appellate Court and hence, the judgment may be reviewed and Local Commissioner may be appointed to demarcate the suit land.

(3.) Briefly, the facts, which are necessary for determination and adjudication of the present review petition are that plaintiffpetitioner maintained a suit for permanent prohibitory and mandatory injunction against the defendants. As per the plaintiff, he alongwith other co-sharers is owner-in-possession of the land comprised in Khata/Khatauni No.82 min/100 min, Khasra No.1043, measuring 10 marlas, situated in Revenue Estate, Kakar, Tapa Mewa, Tehsil Bhoranj, District Hamirpur, H.P. (hereinafter referred to as 'suit land'). The suit land abuts Chandruhi-Sarkaghat highway and commercially valuable. On 25.2.1999, defendants started raising construction over the suit land and thereby they tried to dispossess the plaintiff. The defendants were requested to desist from raising the construction, but they turned deaf ear.