GURUSHARAN SHARMA, J. - (1.) TITLE Suit No. 165 of 1994 was filed for declaration of title over the land, details in Schedule A to the plaint as also for declaration that the judgment and decree passed in Title Partition Suit No. 71 of 1982 was not binding on the plaintiffs and for a relief of perpetual injunction restraining defendants for executing the said decree.
(2.) ACCORDING to plaintiffs, the houses standing over plot Nos. 21 and 22 of village Gareria was acquired by M/s. BCCL through the State. On the other hand, defendant No. 1 claimed his continuous possession over the houses, Court -yard and Khalthan in existence over the suit land. Earlier defendant No. 1 filed a petition for appointment of Pleader Commissioner to report about existence of the said house, Angan and Khalihan, but no order was passed thereon.
(3.) PLAINTIFFS again filed a petition on 22.11.1997 for appointment of Pleader Commissioner for holding local inspection of the suit property and report the present possession and to locate existence of house. Court -yard and Khalihan over plot Nos. 21 and 22, total 11 decimals:;