LAWS(PAT)-1985-8-8

PREMA DEVI Vs. RAM LAKHAN SINHA

Decided On August 12, 1985
PREMA DEVI Appellant
V/S
Ram Lakhan Sinha Respondents

JUDGEMENT

(1.) This application by the plaintiffs is directed against the order dated 7 -5 -1980, by which the report of the Pleader Commissioner was confirmed. The plaintiffs brought a suit (T.A. No. 13/74) and prayed for declaration of title and recovery of possession of a room, The plaintiffs' case was that the disputed third room was part and parcel of the plaintiffs land in plot No. 480. The defence was that about 20 years ago the defendants got the said portion of plot No. 480 towards east, measuring 8 Dhurs, in exchange for another plot.

(2.) On 10 -6 -1975, the defendants filed a petition for appointment of Advocate Commissioner. The court below, on the aforesaid petition of the defendants, issued a writ to the Advocate Commissioner to report on the following points: (i) Over which plots the home of the plaintiffs are standing. The area of each plot to be mentioned in the report. (ii) Whether the house of Ram Briksh Cope stands on portion of plot No. 494. If so its area to be mentioned in the report of the Commissioner. (iii) Over what area the house of the defendants on plot No. 479 and 480 is constructed. The area of each plot to be mentioned in the report of Commissioner.

(3.) The learned Counsel for the petitioners, in order that his submission may be appreciated, persuaded me to look into the report of the Advocate Commissioner. It seems, during measurement by the Advocate Commissioner on the points referred to him in the writ, the respective lawyers for the parties were always present. The Advocate Commissioner, ultimately, submitted his report. Thereafter an objection was filed by the plaintiffs - -petitioners to the report of the Advocate Commissioner. The Advocate Commissioner was also examined and cross -examined. The lower Court, after hearing the parties, confirmed the report of the Advocate Commissioner. Thus the present revisional application by the plaintiffs - -petitioners.