Heard. The record is taken up for passing necessary order. It appears that this is a pre-emption case under the Mohammadan Law, and the plaintiff came before the court with two deeds through which the suit property was conveyed between the O.Ps. It also appears that two deeds envisage separate amount of land value, and the plaintiff invokes the court’s jurisdiction to ascertaining the marcket-value of the suit property through a petition dated 25.02.21.
Perused
the respective petition dated 25.02.21 under Order 26, Rule 09 read of the 1908
Code of Civil Procedure, the plaint, written statement and the case record. On
such perusal, it appears to the court that there is a certain dispute as the
market-value of the suit property. It is not to be gainsaid that Courts may
order such inquiry when it deems a local investigation to be necessary or
proper for the purpose of elucidating the matters in dispute. Elucidating any
matter may include the necessity
of holding local investigation to ascertain, so far as the present case goes, the
market-value of the suit property since the same suit in question was conveyed through
two different deeds for two different amount of money as land value. In
fact, local investigation presupposes the existence of some evidence which
needs be elucidated. Since reaching a proper decision regarding the suit
unequivocally warrants for investigation upon the suit property, the question
of holding local investigation relaying the property does fairly arise in the
instant suit.
Over
again, on perusal of the material on record, it appears that the application is
made bona fide. Besides, it doesn’t
appear to the court that it is the intention of the applicant to protract the litigation
and to harass the other party by
putting him to needless expenses. Rather, the nature of the case calls for the
particular mode of inquiry with regard to quantity of the suit lands. It is
also well established that a Commission for local investigation is to issue
only when such investigation cannot be conveniently conducted by the Judge in
person and when the matter in issue cannot be determined by taking evidence in
the ordinary way. On such premises as well as in consideration of the whole
facts and materials on record, it is the court’s view that the petition for
local investigation is worth being allowed first for its report would conveniently
be instrumental in reaching proper decision(s) in the instant suit.
Hence, it is ordered
that the petition for local investigation (dated
25.02.21) be allowed. The plaintiff is hereby directed to pay TK. 2000/ as the commission
fee without delay. Apart from the matters under investigation mentioned in the petition,
the Ld. Commissioner is also directed to report whether there exists any landed
property pertaining to the description: জে এল নং ৫০, মৌজা- ধুরইল, আর এস খতিয়ান নং ৫০, আরএস দাগ নম্বর ৭৫৮,
শ্রেণি- মাঠিয়াল,
পরিমান- ৫ শতক।
Put requisite(s) at
once.