1. This appeal is filed by unsuccessful plaintiff in Regular Civil Suit No. 83 of 1995 decided on 19.5.1995 by II Jt Civil Judge, Junior Division, Bhandara and appellant in Regular Civil Appeal No. 101 of 1997 heard and dismissed by the Additional District Judge, Bhandara on 2.9.1998.

2. This Court by order dated 14.1.2005 admitted the second appeal on the following substantial question of law :

“Whether the Courts below were justified in ignoring the Commissioner’s Report along with map on the ground of non-examination of the Commissioner as witness?”

3. The facts briefly are :

The plaintiffs had instituted the suit on the ground that they are owners of Khasra No. 70 at village Pinglai, now known as Shjivaji Ward, Bhandara in Municipal town no. 3. Out of the said land, the plaintiffs sold area of 186 square meters (2000 square feet), viz. 40’ east-west, 50’ north-south bounded by plaintiff’s land on east; 10’ wide road on west; Shri Sathavane’s land on South. The land was sold to defendants under registered sale deed for consideration of Rs. 20,000/- on 1.6.1990. The defendant had constructed house over the plot sold and utilised entire area. However, on or about 15.5.