JUDGMENT MUHAMMAD NASEEM CHAUDHRI, J. - Masroor Ali Khan petitioner instituted his suit on 23.2.1995 against Jamshed Alam respondent before the learned Civil Judge First Class, Jhang to obtain a decree for the specific performance in respect of an area of 99 kanals and 5 marlas of land- being 5/32 share out of 635 kanals and 4 mafias of# land situated in Khata No. 344 Mauza Rashid Pur Tehsil and District Jhang on the basis of an agreement of sale dated 30.6.1984 in consideration for an amount of Rs. 1,20,000/-. The contention of the petitioner is that after the receipt of the sale price on 30.6.1984 the possession of the land was transferred to him by the respondent. He maintained that he made the suit property culturable by the dint of his had labour and asked the respondent to get registered the sale-deed who refused in the matter and that hence the suit. The petitioner also prayed for the issuance of perpetual injunction getting the respondent' restrained from interfering in his possession ,on the suit land and from alienating the same to any other person in any form.
2. On 16.5.1995 the petitioner made an application for the appointment of a Local Commissioner to get ascertained his physical possession on the disputed property as according to him the respondent had got entered the fact of self-cultivation of the suit land by him in the Khasra Girdawari after the year 1992 and that for the correction of the Khasra Girdawari he had filed the petition before the District Collector, Jhang. He maintained that the local Commissioner could be in a safe position to give his report. This application was resisted by the. Respondent. However, the same was accepted and Mr. Ahmad Hussain Dogar, Advocate Jhang was appointed as the Local Commissioner who visited the spot on 25.9.1995. Jamshed Alam respondent filed an application by reposing the no confidence in the working of the aforesaid Local Commissioner by expressing that the spot was visited on 25.9.1995 at 4.30 p.m. By the Local Commissioner in the car of the petitioner and that the inspection was not made thoroughly. This petition was resisted by the petitioner and after hearing the parties the same was dismissed with the reasoning that the report had been prepared and that there was no justification for its acceptance. A revision petition was filed by Jamshed Alam respondent which was contested by the petitioner. It was accepted by the learned Additional District Judge. Consequently the Local Commissioner was changed. Feeling aggrieved Mansoor Ali Khan petitioner-plaintiff has filed this writ petition wherein he has voiced the grievance that through the passing of the impugned order dated 17.11.1996 his Constitutional right has been violated especially when the earlier Local Commissioner had already prepared bis report. This writ petition has been resisted by Jamshed Alam respondent. Although the Learned Civil Judge and learned Additional District Judge, Jhang are respondents Nos. 2 and 3 yet they have not appeared inspire of their service and obviously they are not interested in the result of this writ petition.
3. I have heard the learned counsel for the parties and gone through the record before me. Learned counsel for the petitioner laid the emphasis that the site was inspected by the Local Commissioner and that there was no justification to change him especially when he ha
4. With my aforesaid reasoning in consequence, this writ petition is dismissed leaving the parties to bear their on costs.