MOHD YOUSUF LONE Vs. AHMAD LONE

JUDGEMENT

(1.) THIS motion of revision is aimed at revising the order passed by learned Munsiff Bandipora dated: 04 -08 -2001, on an application for issuance an appropriate direction in the name of Revenue Authorities for the inspection and demarcation of the suit land.

(2.) IT appears that a suit for perpetual injunction came to be instituted by plaintiff/petitioner before the court of learned Munsiff Bandipora to the effect that the respondents/defendants be permanently restrained to interfere in his possession in respect of land measuring 8 kanals comprising of Survey No.1436 located at Onehgam Sonagam tehsil Bandipora, claiming therein that he is in peaceful possession of the said land in the capacity of an owner and the defendants/respondents without any right whatsoever, are bent upon to interfere in his possession in respect of the said land. The respondents/defendants have resisted the suit by filing their written statement, wherein, they have denied the possession of the plaintiff on the suit land and have claimed the respondent No.1 in its possession. During the pendency of the suit, when issues were yet to be framed, the respondent No.1 defendant came to approach the trial court with the prayer for issuance of appropriate orders in the name of Revenue Authorities for the spot inspection and demarcation of the land. It is pursuant to this application, the court below came to appoint Nazir of his court and Patwari of the concerned Halqa as Commissioners with the direction to ascertain and demarcate the suit land and to report about the actual position existing on spot.

(3.) THE stand of Mr. Khan, appearing for the petitioner/plaintiff is that commissioner cannot be appointed in the case with an object to collect evidence of one of the parties in the suit. The question of possession which is the material issue in the case has to be proved before the court and it cannot be determined on the basis of inspection report of the commissioner.