IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 7617 of 2011 (O&M) Date of decision: December 09, 2011 Sohinder Singh .. Petitioner Vs. Sukhdev Singh and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Sukhjit Singh, Advocate for the petitioner. A.N. Jindal, J The petitioner has invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 1.12.2011 passed by the trial court. The learned counsel for the petitioner has submitted that earlier the suit was filed by the plaintiff with the allegations that the defendant had encroached upon 9' x 5' of the area owned by him. Thereafter, the defendant again encroached more portion of the land. He got appointed Halqa Kanungo, who demarcated the land and submitted his report on 11.3.2010 vide which the plaintiffs was found to have encroached upon 5 marla after the initial demarcation. Now vide application dated 25.11.2011, he wanted to amend the plaint by getting the area again demarcated while stating that after the said report dated 11.3.2010, the defendant had encroached upon 22 marla of land. It is difficult to find out the extent of actual encroachment without the report of the Local Commission and it was also subsequent event. The court has to look into the subsequent events to pass the effective decree. Civil Revision No. 7617 of 2011 (O&M) -2- *** Since the case is based on title, no dates were required to be stated by the plaintiff particularly when he has stated that the defendants have encroached upon more area after the report dated 11.3.2010. In the circumstances, this revision petition is allowed, impugned order is set aside and direction is issued to the trial court to re- consider the application for demarcation so that true facts may come to the fore. December 09, 2011 (A.N. Jindal) deepak Judge