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Judgment
Coutts, J.—This appeal arises out of a suit for a declaration that certain trees and the lands of Survey plot No. 1751 belonged to the plaintiff and that Rayat khana bearing plots Nos. 1733, 1734 and 1735 belonged to him as appertaining to villages Mirzapur Onda Khurd and Bagrug Tauzi No. 441-1106. The suit was decreed in respect of some of the trees but was dismissed altogether in regard to plots Nos. 1733, 1734 and 1735. The plaintiff appealed and obtained a decree in full. Against this decree the defendants have appealed and the only point which is urged is that the lower appellate Court has not considered the report of the Commissioner who made a local investigation and whose report the first Court relied on in coming to its conclusion.
The report of the Commissioner in a case of this kind which is a boundary dispute is an important piece of evidence, it should certainly have been considered by the lower appellate Court and the appellants are entitled to have it considered by that Court. In the result this appeal must, in my opinion, be decreed, the decree of the learned Subordinate Judge set aside and this'' suit remanded for re-hearing and decision according to law. Costs to abide the result.