P MANI Vs. M V MADHAVA REDDY

JUDGEMENT

(1.) The petitioner claims to be the owner of the land in Survey No.331/7 of Chittoor Revenue Village, admeasuring Ac.0.11 cents. The respondent in turn is the owner of neighbouring land in Survey No.346 on the northern side. The petitioner is raising grass to feed his cows in the said land. When the defendant started objecting for raising grass, the petitioner filed O.S.No.1219 of 2002 in the Court of III Additional Junior Civil Judge, Chittoor, for perpetual injunction.

(2.) The petitioner filed I. A.No. 1277 of 2003 for appointment of a Commissioner to note the physical features, in the context of assessment of damage or inconvenience, the respondent is complaining of. The I.A., was ordered and ultimately the Commissioner submitted a report.

(3.) The Commissioner appointed in I.A.No.1277 of 2003 was required to take assistance of the Mandal Surveyor, for identification of the suit schedule property. In the report, an observation was made to the effect that the Mandal Surveyor expressed his inability to measure the land unless the whole grass is removed. The Commissioner, however, reported that he was able to identify the land with the boundaries furnished in the plaint and submitted his report.