KULDIP CHAND SOOD - (1.)This petition under Article 227 of the Constitution of India is directed against the orders of learned Sub Judge 1st Class, Nalagarh dated 8th May, 2002 whereby application of the plaintiff -petitioner for appointment of Local commissioner to demarcate the land, subject matter of dispute, was rejected.
(2.)According to the petitioner, he had filed a suit for permanent prohibitory injunction on the basis of his title and possession over the land, subject matter of dispute. The defendants,, though strangers to the suit land, but owner of the adjoining land, started raising construction without obtaining any demarcation. Such construction was being raised on a part of the suit land. The plaintiff filed a suit seeking restrain on the defendants from encroaching on any part of the land, subject matter of dispute, of the plaintiff.
(3.)According to the plaintiff -petitioner, he had earlier obtained demarcation through Field Kanungo vide report dated 23rd August, 2001. The plaintiff -petitioner again moved an application for demarcation before the Tehsildar, Nalagarh. The demarcation given by the Tehsildar, Nalagarh, according to the petitioner, was incorrect. He had also made an objection to the demarcation so given. It is in this background that the petitioner -plaintiff moved an application for the appointment of a local Commissioner, which was rejected by the learned trial judge by relying upon State of H.P. vs. Mangat Ram (AIR 1995 SC 665) and the plaintiff -petitioner having no other remedy has filed this petition.