remit was to identify the property in Khasra No.2259 and locate 58 Marlas in that Khasra number; assess the nature of construction and the extent of vacant land and draw up a plan accordingly. (vi) The matter was taken up on 16th September, 2015. The relevant portion of the order is extracted : “2. The property inspected and the report submitted to Court by the Naib Tehsildar, Moga would show that there is no vacant space available in 2259/4 except in an extent of 50’x33’ adjoining the Maruti Showroom which is stated to have been sold to yet another sharer. I was only looking for availability of vacant space on the western side for that was the property which was vacant at the time when the suit was instituted. If constructions have come subsequently and the defendant himself has allowed for such constructions to come up after the institution of the suit, he cannot have the benefit of retention of the property unless the property where the construction has come was subsequently