JUDGMENT : Pankaj Jain, J. The present appeal is directed against final decree passed in the suit for partition. So far as the rights of the parties are concerned, they stand crystallized as the preliminary decree has attained finality. Now, in the application filed for final decree, its only the execution of the preliminary decree that needs to be taken care of. In order to execute the preliminary decree, the learned Trial Court appointed Local Commissioner. The Local Commissioner is an Advocate. His report reads as under:- “On 9.5.2010 I took along police from P.S. Kanina to the spot at 2 P.M. and also carried 100 meter measuring tape. There is just one Kacha construction X and one Pakka construction Y and their roof is made of hay. Rest of the space is lying vacant. Area of Khasra No. 274 which is in dispute, doesn’t seem to be complete because length and breadth of its sides can’t be made out without map. There is not obstacle in the allotment of land lying vacant. There that are three general passages at the spot and land is lying completely vacant. No boundary wall is there, not even gate is installed. The boundary dispute which is at Pooran’s side is because of the reason that this land is of Khewat Khataunit and now this has come under residential land. Area also doesn’t seem to be of 1 Kanal i.e. 20 marlas at the spot as when measurement was done they said that land ahead of it belongs to them. Map was present neither in the execution file nor was it in the file of DH counsel. That there is no obstacle in allotting DH AB 38 ft and length till E 40 ft approximately and EF length 21 ft and breadth 18 ft out of the land lying vacant at the spot, which is of area of 1 Kanal as shown in the decree sheet that is 58x40/9-258 APP Sq.ft and 21x18/9-42 Sq.ft that is approximately 10 marlas land. It is shown in red. In the same manner area of Khasra No. 728 and Khasra No. 729 is outside residential area and ‘roohri’ area is lying vacant. DH has 1/3rd share in the same, 20x18/9 that is 40 Sq.ft. There seems to be not obstacle in allotting two ‘roohri’ sites at the same place as shown in the map at the spot. In the same manner area of Khasra No. 728 and Khasra No. 729 is outside residential area and ‘roohri’ area is lying vacant. DH has 1/3rd share in the same, 20x18/9 that is 40 Sq.ft. There seems to be not obstacle in allotting two ‘roohri’ sites at the same place as shown in the map at the spot. Area of DH has been shown in red. Map is annexed along with the list of persons present at the spot. “ 2. In the considered opinion of this Court, once the Local Commissioner himself opined that length and breadth of the sides could not be made out and expressed his handicap and even went to the extent to opine that the land does not seem to be 01 kanal on the spot, the Courts below ought not have relied upon the partition by metes and bounds as suggested by the Local Commissioner. 3. In view of the above, the impugned final decree is hereby set aside. The learned Trial Court is directed to execute the preliminary decree in accordance with law by appointing Local Commissioner afresh. This Court suggests to the learned Trial Court that it will be better, if a Revenue official can be deputed to aid the Local Commissioner to measure the land in dispute. 4. Disposed off accordingly. The necessary exercise be completed within a period of 06 months.