Jharkhand High Court
Barati Mahto And Ors. vs Thakur Mahto And Ors. on 6 August, 2001
JUDGMENT 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.
3. 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.
4. 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:
5. While rejecting the said petition by impugned order dated 2.12.1997, trial Court observed that plaintiffs never said that there was no house in Mouza Caroria, rather their houses was acquired by M/s. BCCL. It was observed that Commissioner can not be ap pointed at the instance of the parties to prove their case, the existence of house, Angah and Khalihan over plot Nos. 21 and 22 are not in dispute and so, in my opinion, trial Court rightly rejected the said petition. This Revision ap plication is dismissed. Lower Court records may be sent down.
6. Revision dismissed.