- (1.) The plaintiff filed a suit for permanent injunction in order to restrain the defendants from interfering in his peaceful possession over the land measuring 42 kanals 8 marlas, situated within the revenue estate of village Mundsa, Tehsil and District Jhajjar and also from cutting the trees from the aforesaid land. The suit was decreed in the following terms: - "It is ordered that the suit of the plaintiff stand decreed. However, with no order as to cost. The trees in dispute though have been got planted by defendants, but certainly over the part of the land of plaintiff. Hence, a decree of permanent injunction in favour of plaintiff and against the defendants is hereby passed restraining the defendants from interfering in peaceful possession or plaintiff over the property in dispute of para No.1 of the plaint. The defendants are further restrained from uprooting/ cutting the trees in dispute mentioned in demarcation report Ex.P1 except on conducting the valuation of those trees and by paying 25% of the said valuation to the plaintiff in lieu of utility of the land of plaintiff for growing those trees. A decree of mandatory injunction is also required to be passed in case in hand and in the same also passed by directing the defendants to conduct the process of valuation within two months from the date of this judgment and to up-root such trees from the land of plaintiff within three months of this judgment."
(2.) The plaintiff filed appeal against the judgment and decree of trial Court which was allowed and the appellate Court passed the following decree: - "It is ordered that the appeal is allowed. Relief granted in part by learned trial Court is hereby expanded and appellant is held entitled for the decree of his suit in entirety. Appellant/plaintiff is also held entitled for the costs throughout. There is no order as to costs."
(3.) Learned counsel for the appellant has submitted that the learned Courts below have committed error of law in relying upon the report of the local commissioner, who was not appointed in the present case. He has also submitted that plaintiff has been given relief with regard to the protection of the trees from being cut by the appellant from the land which does not belong to him.;