State Of H.P. vs Laxmi Nand And Ors. on 9 January, 1992
14. After receiving findings from the Trial Court, the First Appellate Court
decided the appeal by its detailed judgment dated 06.06.1995. The First
Appellate Court referred not only to the Commissioner’s report but also to the
oral and documentary evidence adduced by the parties. The First Appellate
Court also observed that the Commissioner had made an exhaustive report
after carrying out demarcation properly and there was nothing on record to
8
show that the report could not be accepted. The First Appellate Court, though
dealt with the matter in sufficient detail but appear to have not taken into
consideration the method and procedure for carrying out such demarcation,
as delineated by the High Court of Himachal Pradesh in the case of Laxmi
Nand (supra) with reference to the applicable instructions and guidelines, as
issued by the Financial Commissioner under Section 100 of the Punjab Land
Revenue Act, 1887, corresponding to Section 106 of the Himachal Pradesh
Land Revenue Act, 1953 (Himachal Pradesh Act No. 6 of 1954).