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ld. first appellate court submitted his report Ext.RW1/A and Tatima Ext.RW1/B, wherein he has stated that defendant .

Sant Ram has encroached upon one biswa of land, which clearly suggests that learned trial Court while dismissing the suit of the plaintiff miserably failed to place reliance on Ext.PW2/A tatima filed by the plaintiff at the time of filing the of suit to demonstrate that land measuring one biswa is in possession of the defendants. Mr. Lall also contended that rt record nowhere, suggests that defendants ever objected to appointment of Local Commissioner in terms of order 26 Rule 9 CPC by the learned appellate Court and, as such, defendants cannot be allowed to raise plea of appointment of Commissioner under Order 26 Rule 9 at the stage of second appeal. He also invited attention of the Court to the objections filed by the defendants to the report filed by the Local Commissioner to demonstrate that no objection, whatsoever, was ever taken by the defendants that demarcation was not carried out in accordance with law and as such, present appeal deserves to be dismissed being devoid of any merit.

13. rt PW2 Hariman, Kannungo, stated that he prepared tatima Ext.PW2/A of Khasra No. 193/1 and had found defendant in possession of the land. He categorically stated that he had issued tatima Ext.PW2/A however, in his cross-examination stated that no construction whatsoever, was found on khasra No. 193/1 and there was Sehan(Courtyard). He also admitted that tatima was prepared on 19th July, 2000 and he had given demarcation on verification and then gave the tatima. It appears that learned trial Court after perusing the demarcation report concluded that actual demarcation was given on 23rd July, 2002. PW2 also admitted that no notice was given to the

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stated that the land of the parties is adjoining and he also admitted that defendant Sant Ram constructed the house .

but on his own land, however, he could not state anything qua the Khasra number on which house and Sehan of the defendant is situated. Similarly, he could not state anything with regard to khasra Number on which, boundary mark, if of any, was fixed. Plaintiff made available on record Ext.PW2/A Sajra Tatima, to demonstrate that there is gair mumkin sehan rt in khasra No. 193. Though, perusal of aforesaid document suggests that it is gair mumkin sehan in Khasra No. 193 but there is no mention with regard to possession, if any, of defendant. But fact remains that learned trial Court rejected Ext.PW2/A solely on the ground that tatima of demarcation filed by the plaintiff was never verified by kanungo as per jamabandi for the year, 1994-95 and as such, same could not be given any effect to, whereas, learned trial Court took cognizance of Ext.DA, wherein defendant Sant Ram has been shown to be joint owner in possession of Khasra No.

examination, he also categorically admitted that Niab Tehsildar started giving demarcation from a point, which was

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not objected by the parties and after the completion of demarcation, statements of parties were recorded to which .

both the parties admitted to be correct. Similarly, Niab Tehsildar who gave the demarcation appeared as RW1 stated that pursuant to order dated 29.3.2006, he had taken the demarcation of the land along with kanungo and of patwari and demarcated khasra Numbers 191 and 193. He stated that during demarcation, he found defendant namely rt Sant Ram and Bhandari Ram in possession of the khasra No. 193 owned by Nikra Ram. He also stated that the tatima and report Ext.RW1/A and Akas Tatima Momi Ext.RW1/B are correct as per demarcation. He categorically stated in his cross-examination that he started the demarcation from pucca point, which was agreed by the parties and before demarcating the entire land, permanent points were ascertained and same were demarcated. Demarcation was given on the basis of Aks Musabi. He denied the suggestion that on the direction of Nikra Ram, he prepared wrong tatima and he has given demarcation of all khasra Numbers.