Law: Civil Procedure Code (V of 1908)

Section: 10

Civil Procedure Code (V of 1908),   O. XXVI, r. 10-Court may direct further enquiry if it is dissatisfied with proceedings oJ' Commissioner.   ORDER   These are three connected revision petitions Nos. 307, 308 and 309 of 1956-57, against the order of the Additional Commis sioner (Revenue) Peshawar and D. I. Khan Divisions, dated 13-4-57, by which he upheld the order of the Additional Revenue E. A. C. Mardan (Assistant Collector First Grade) dated 15-12-56, whereby in a rent suit between the parties the official appointed previously as a ,Commissioner was changed and a new Commis sioner was appointed to assess the improvements in. the land in question.   I have heard Mr. Said Hassan Jafri, Advocate for the petitioner.   In this case the Additional Commissioner has written an illuminating order setting forth the facts of the case. The respondent had brought a suit against the petitioner in the Court of the Assistant Collector, Ist Grade Mardan for ejectment and arrears of rent in respect of some land situated in village Jamra. The petitioner-defendant resisted the case and in case of ejectment claimed compensation for improvements. The Assistant Collector 1st Grade appointed Pir Syed Akbar Shah, A. l). M. Mardan for investigation and assessment of compensation for improvement before this officer could submit his official report he was transfer red to Peshawar and later he sent an incomplete port from Peshawar on 26-10-56. After hearing the parties the Assistant Collector 1st Grade appointed Tahsildar Mardan as  Commission  for  assessing  compensation for improvements.…