N THE HIGH COURT OF CHHAT'IISGARHIA BILASPUR WRIT PETLTLON (227) No L ........ / PETITIONER Bhogl Lal Son of Shri Dayar‘am PaTel Lefendam) / aged abouf 60 years Caste Aghar‘lya R/o 45........W VIHage and PosT Farswam TahSII Sarangur‘h, Dis’rr'ic’r Ralgar'h (6.6.), RIT PETITION UNDER ARTICLE 227 OF THE COUNSTITUTION OF INDIA. ‘T W VERsus i K RESPONDENT Radhey Shyam Son of Ishwar' Patel, (Plain‘l'iff) aged abouT 65 year's, CasTe Aghariya, } Occupm‘ion— Agriculfurisf, R/o. Village ., and Pos’r Forswani, Tahsil Sumngarh, DisTr‘icT Raigarh (C.6.), HIGH COURI‘ OF CHHATI‘ISGARH 1 BILASPQE Versus Writ Petition {227} No. 1301 of 2O 10 Petitioner Bhogi Lal Respondent Radlmy Shyam ’N CONSTITUTION WRIT PETITON UNDER OF INDIA. ARTICLE 227 OF , THE (SB: Hon’ble Shn’ Prashapt Ku'mar Mishra J.) Shn‘ R. S. Patel, Advocate for the petitioner. ORDERimall (Passed on this 19th day ofApril, 2010) Heard. 1. The petitioner has aed this petition against the order dated 15.1.2010 ,(Annexure P/ 1), passed b"y the Civil Judge Class-II, Sarangarh, District — Raigarh in Civil Suit No. 2—B/ 2007. 3. The respondent/plaintiif has preferred a suit for arrears of rent and eviction of the petitioner/defendant from the suit land admeasun’rig 4360 square feet. 4. According to the petitioner/defendant he is in possession of the land after having purchased the same from the plaintih/ respondent by paying Rs. 50,0001- by enten'ng into an oral transaction. '5. The subject application was moved by the petitioner by V/ K/ submitting that the rea} owner and possession of the property =\ \ can be determined by issuance of commission for local I \finvestigation. 6. Having regard to the facts situation, this Court is of the considered opinion that the instant petition has no substance. It is well settled law that commission for local investigation cannot be issued to collect evidence for a party to the suit. The nature of title and possession can be proved by the parties by examining their witness and submitting oral evidence. 7. I do not find any error of law committed by the trial Court in rejecting the application. The petition fails and is hereby ha ;Sd//n Prashant Kumar Mishra Judge dismissed.