' MAULVI ANWARUL HAQ, J.- In execution of a decree, dated 30-9-1998 for possession of i8 marlas of land located in square No. 320 killa No. 11 the petitioners were delivered possession. On 10-11-2001 the respondent filed an application/objections that in execution of the decree he has been dispossessed from Killas Nos. 12/1 and 19/1 of square No.320. The land is located in village Maliani Tehsil Bhalwal. The application was resisted. Evidence was recorded. Tehsildar. Bhalwal was appointed as a Local Commissioner who proved his report Exh.A/16 as A.W.2. Primarily relying on this report the learned Executing Court allowed the said application and directed restitution of possession. A first appeal filed by the petitioners was dismissed by a learned ADJ, Bhalwal on 3-11- 2006.
2. Learned counsel for the petitioners contends that the report Exh.A/16 relied upon by both the learned Courts below is violative of the Rules and Orders , of this Court. Learned counsel for the respondent, on the other hand, supports the impugned orders.
3. I have gone through the copies of the record. As noted by me above, reliance has been placed by the learned Courts below on the said report Exh.A/16 while passing the impugned orders. I have examined the said report. The report is absolutely silent as to how the Local Commissioner located killas No. 12/1, 13/1 and 19/1 of square No.320. There is no detail of any measurement, and as to how it was carried out, even an encroachment plan has not been prepared. There is no reference to any field map or any other revenue record with reference whereof the proceedings were conducted.
The Local Commissioner appeared as A.W.z who in cross-examination stated that he had conducted measurement. However, the report is absolutely silent and in the witness box he did not give any detail of measurement. Needless to state that there is no reference to any permanent point either in the report or in the said statement.
' This Court has laid down rules on the subject including the manner in which the measurement is to be conducted in a Revenue Estate where rectangle' system is available. The report is absolutely contrary to the said rules. The Civil Revision accordingly is allowed. Both the impugned orders are set aside. The result would be that the learned Executing Court shall appoint a fresh Local Commissioner who shall conduct demarcation in strict accordance with the rules and orders of this Court with reference -to the available revenue record and the details of measurement conducted and the manner thereof shall be stated.In case the encroachment is found, then an encroachment plan shall be prepared and appended with the report.
' After giving an opportunity to the parties to file the objections, and their disposal, the matter shall be decided afresh. No orders as to costs. A copy of this order be immediately remitted to the Executing Court.