' MUNIR A. SHEIKH, J.---The suit filed by the respondent for recovery of possession of the land in dispute was decreed by the trial Court through judgment, dated 18-2-2000 on the basis of the report of the local Commissioner to whom the matter was referred by both the parties by agreement to demarcate the property with the clear understanding that they would be bound by his report. The appeal filed by the petitioner against the said judgment and decree, was however, allowed by the First Appellate Court through judgment, dated 6-5-2000 and the case remanded by holding that the report of the local Commissioner was not a statement of Referee, therefore, the same at the most be read as evidence in the case and the case should have been decided by considering the other evidence also led by the parties. Revision petition filed by the respondent against this judgment has been accepted through the impugned judgment, dated 25-1-2002 by the learned Judge in Chamber of the High Court against which leave is sought.
2. Learned Judge of the High Court after considering the attending circumstances, the statement made by both the parties that they would be bound by the report of the Qanungo after local inspection that the case may be decided on the basis of the same amounted to refer the matter to the said Qanungo as Referee and not merely as local Commissioner. It was held that this intention was manifest from the said statement of the parties, therefore, the judgment and decree passed by the trial Court on the basis of the report of the Qanungo treating the same as his statement as Referee was restored after setting aside the judgment of the First Appellate Court.
3. Learned counsel for the petitioner has not been able to persuade us that the findings recorded by the learned Judge in Chamber of the High Court that the report of Qanungo amounted to a statement of Referee and it could not be argued that the same could only be considered as report of Local Commissioner and read as evidence alongwith other do not suffer from any illegality.
4. For the foregoing reasons, this petition has no merits which is accordingly dismissed and .