RIFAT ARA Vs. S KARAN SINGH RAINA

JUDGEMENT

(1.) DISPUTE relates to 3 Kanals and 5 Marlas of land, which is stated to have been purchased by the petitioners/ defendants vide a sale deed executed on 4.8.1997. The petitioners/defendants claim that the land is situated in Khasra No. 941 at Chowadhi, Tehsil, Jammu. The plaintiff/respondent has stated in the suit filed by him in the trial court that the defendants/petitioners are encroaching upon the land measuring 3 Kanal and 5 Marlas situated in Khasra No. 831 at Chowadhi, Jammu.

(2.) IT transpires that on inspection being conducted by the Settlement Commissioner, the said land is stated to have been located in Khasra No. 941 min. This is contained in the report submitted by the Settlement Commissioner on 3.2.2006. One more report is stated to have been filed on the direction of the Financial Commissioner (Revenue) by the Assistant Commissioner Revenue, Jammu which states that the land in dispute falls partly in Khasra Nos. 831 and 941.

(3.) ON being contested by the defendants/petitioners, the Financial Commissioner (Revenue) vide its order dated 24.8.2006 directed the Joint Agrarian Reforms Commissioner, Jammu to demarcate the land in presence of both the parties. Without awaiting for the report from the Joint Agrarian Reforms Commissioner, Jammu, the defendants/petitioners filed an application before the trial court for appointment of a Commissioner for local investigation. The said application of the defendants/petitioners has been dismissed by the trial court vide its judgment dated 22.01.2009. It is in these circumstances, the present revision petition has been filed by the petitioners/defendants.