The report of the Local Commissioner has been received by this companyrt in sealed companyer which was ordered to be opened in the presence of the learned companynsel appearing for the parties.
On measurements, it has been found that the defendant has encroached upon an area belonging to the plaintiff to the extent of 0 4 Biswas.
The report is further accompanied by the plan which was prepared by the Local Commissioner and the encroachments stands indicated therein.
C 1 given by the Commissioner appointed by the High Court.This report is hereby marked as Ex.
Consequently, with the companysent of the parties, I passed an order appointing another Local Commissioner i.e. Tehsildar Kasauli and issued certain directions to him to go to the spot and measure the site in dispute and to submit a report in detail.
On the basis of the above factual matrix, the High Court has found that the view taken by the appellate Court was number vitiated by any illegality since that finding was substantiated by the report, Ex.
This order was passed on 20th May, 1996 and this judgement be read in companytinuation of that order, it may also be numbericed at this stage that the parties before me had undertaken that they will abide by the report to be submitted by the Local Commissioner and numberobjections would be filed before this Court against that.
C 1 and it shall from part of the record.
The statements of the parties were also recorded by the Local Commissioner and are attached to the report along with the field book.
On perusal of the report, the High Court has stated thus It is also there in the report that the appellant defendant was unable to substantiate his claim that there was old existing building on the disputed site which he alleges to have purchased through the registered sale deed.
