Research › Browse › Judgment

Madhya Pradesh High Court · body

1992 DIGILAW 817 (MP)

Pokhar Singh v. Jange Singh

1992-12-05

R.C.LAHOTI

body1992
JUDGMENT It was the case of the plaintiff that his house along with the well was situated on survey No.775, area 6 biswas, and the suit land A.D, C, D also formed part thereof. According to the defendants the suit land A,B,C,D, formed part of survey No.778 which was of the defendants. As there was a dispute calling for determination of the boundaries of survey Nos. 775 and 778, the trial Court rightly and wisely exercised its discretion in appointing a Commissioner for local investigation. The Naib tehsildar, Bhind was appointed as Commissioner, who executed the commission bi-parte. He found that the suit land A, B, C, D formed part of survey No.778 and not 775. The report was filed along with the field map drawn by the Commissioner. None of the parties raised any objection to the report of the Commissioner. None of the parties insisted on the Commissioner being examined in the Court. The result was that the inferences flowing from careful local investigation carried out by a person well - versed in the subject became binding on the Court and could not be ignored just for asking. Coupled with other evidence adduced by the parties, the Courts below did not err in recording a finding against the plaintiff. Appeal dismissed.