SIYA RAM AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioners in this writ application have prayed for quashing the order dated 8.10.2007 passed by the Munsif, Chaibasa in Title Suit No. 13 of 2005 whereby the petitioners prayer made on 27.8.2007 for appointing a Pleader Commissioner, under Order XXVI. Rule 9 of the Code of Civil Procedure, to carry out a local inspection for ascertaining as to whether in the process of carving out new plot Nos. 138 (a) to 138 (c) from the old plot No. 1290, an area of two decimals has been reduced and the same has wrongly been recorded in favour of the Chaibasa Municipality.

(2.) A counter affidavit has been filed on behalf of the respondent State.

(3.) THE petitioners had filed a suit before the Court below for a declaration for his right, title and interest over the suit property described in Schedule 'A' to the plaint, which bears the present survey over plot No. 135 under Khata No. 129 having an area of 1.876 decimals with specific boundary. The petitioners' grievance is that this area of land has been wrongly recorded in the revenue records under plot No. 135 in the name of Chaibasa Municipality whereas it ought to have been recorded as portion of 138(a) to 138(c) in the petitioners' name. The petitioners have challenged the aforesaid entries in the revenue records as erroneous and incorrect and had made further prayer in the suit for a declaration that the entries in the revenue records in respect to the lands in question are incorrect. On the ground that for better appreciation of the facts to resolve the controversy, it would be appropriate that the lands be measured by the survey knowing Pleader Commissioner to find out as to whether the total area of the original area of old plot No. 1290 has been retained even after carving out of the new plots during the Municipal Survey of 1973 or whether any portion of the old plot No. 1290 of which the petitioners were the recorded tenant, has been reduced, the petitioners had prayed before the Court below to appoint a Pleader Commissioner to carry out the measurement and make the assessment as required. By the impugned order the prayer was rejected by the Court below.