JUDGEMENT
L. N. MITTAL -
(1.) CM No.12782-CII of 2012 Allowed as prayed for. CR No.2966 of 2012
(2.) DEFENDANT No.1 Mam Chand has filed this revision petition under Article 227 of the Constitution of India impugning order 20.04.2012 Annexure P-1 passed by learned Civil Judge (Junior Division), Jagadhri thereby appointing local commissioner to demarcate the land of the respondent No.1-plaintiff.
Respondent No.1-plaintiff has alleged that the disputed trees are standing in his land mentioned in the plaint. Defendants have controverted the same and alleged that the trees are standing in their land. To resolve this controversy, the plaintiff moved application for appointment of Local Commissioner to demarcate his land. The said application has been allowed by learned Trial Court vide impugned order Annexure P-1. Defendant No.1 has filed this revision petition praying that order Annexure P-1 be modified CR No.2966 of 2012 (O&M) to the extent that the land of the petitioner, which is adjacent to the land of respondent No.1-plaintiff, be also demarcated. I have heard learned counsel for the petitioner and perused the case file.
(3.) COUNSEL for the petitioner contended that land of petitioner is situated in village Chaneti adjacent to the land of respondent No.1-plaintiff which is situated in village Buria. In other words, land of the parties is situated on boundary of the aforesaid villages. COUNSEL for the petitioner submitted that if the land is demarcated from the side of village Buria, then the land of the petitioner would fall short but if the land is measured from the side of village Chaneti, then petitioner shall have his complete land. COUNSEL for the petitioner accordingly contended that the land should be demarcated from both sides.;
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