SHANTI SEN Vs. STATE OF JHARKHAND AND ORS

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for setting aside the order dated 24.4.2007 passed by the Munsif, Bermo at Tenughat in Execution Case No. 3 of 2005, which arose out of Title Suit No. 4 of 2002.

(2.) It has been submitted that the Pleader Commissioner was appointed to ascertain the land which was the subject matter of the said suit. The Pleader Commissioner ascertained and submitted a report. The petitioner has filed an objection to that report. By the impugned order, objection of the petitioner has been overruled and the court has directed for execution and delivery of possession.

(3.) The grievance of the petitioner is that the delivery of possession is not being given in accordance with the description of the suit property. The Pleader Commissioner has not properly ascertained the land in question. The first decimal of the plot from the North should have been the suit property but the Pleader Commissioner has taken the second decimal of the land is disputed plot. Learned court below without properly appreciating the said fact, has overruled the petitioner's objection and has allowed execution to proceed for effecting delivery of possession.