Demarcation of area

2017 CLC 1371 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 54 & 55High Court (Lahore) Rules and Orders, Volume I, Chp.I-MSuit for permanent and mandatory injunctionDemarcation of areaRequirements

Plaintiffs neither in the plaint nor in the site plan had specified the area which was encroached upon/left by them for drainage purpose

Nothing was on record as to how much area or land had been encroached upon by the defendants

Demarcating Officer was required to measure the properties subject of demarcation from three permanent places and he was required to show such measurement in his report by erecting boundaries of each intervening khasra number

Measurement shown in the demarcation report had to be made according to 'Shajra Aks' or `Masavi' without which the Demarcating Officer could not find out the spot whether the measurement done by him was according to the revenue record or not

Local commission had not conducted demarcation proceedings in accordance with law

Trial Court had not examined the report of Local Commission, objections of defendants and evidence in support of such objections and had not specified the encroached area from which encroachment was to be removed by the defendants

No executable decree had been passed in the present case

Impugned judgments were result of misreading and non-reading of evidence

Courts below failed to exercise jurisdiction vested in them

Impugned judgments and decrees and report of Local Commission were set aside

High Court recast an issue and remanded the case with the direction to afford a fair opportunity of evidence to the parties

Trial Court was directed to appoint honest Local Commission with the concurrence of the parties and their counsel and decide the suit in accordance with law

Revision was allowed accordingly.