SOVA RANI BHAKAT Vs. SEFALI CHAKRABORTY

JUDGEMENT

(1.) THIS application is directed against the Order No.37 dated January 27, 2011 passed by the learned Civil Judge (Junior Division), 2nd Court, Chandannagore in Title Suit No.33 of 1985 thereby rejecting an objection filed by the defendants against the report submitted by the learned Commissioner on investigation.

(2.) THE predecessor-in-interest of the plaintiffs/opposite parties herein instituted a suit being Title Suit No.33 of 1985 praying for recovery of possession by evicting the original defendants, mandatory injunction and other reliefs. THE original plaintiff filed an application for appointment of a survey passed advocate for local investigation for ascertainment of the location of the plaintiffs land and the thatched room of the defendant. That application was allowed and a Survey passed Pleader Commissioner was appointed to investigate the land in suit on the points mentioned in the application. THE learned Commissioner so appointed in the suit investigated the land in suit and submitted his report accordingly. THEreafter, the defendants/petitioners herein filed an objection against the report of the learned Commissioner and that objection was rejected by the impugned order. Being aggrieved, this application has been preferred by the defendants.

(3.) THE learned Commissioner has stated in his report that the investigation work was done by him in presence of both the parties, their respective lawyers, clerks, their men and many villagers. THEre is no dispute about it. So, the fact remains that the learned Commissioner investigated the plot No.914 only on the points mentioned above in presence of both the parties to the suit.