Admittedly, the suit is filed for the relief of perpetual
injunction. The only question that arises in the suit is whether the
plaintiff is in possession and enjoyment of the schedule property. The
burden rests upon the plaintiff to prove his possession. The parties
cannot be permitted to gather evidence to prove their possession. They
have to satisfy the court through oral and documentary evidence. As
observed by this Court in A. Gopal Reddy v. R. Subramanyam4
2016 (6) 795 (DB)
5
2022 (2) ALT 80 (TS)
6
2022 (3) ALT 662 (TS)
Dr.GRR,J
5 CRP No.1730 OF 2022
Reddy and another (1 supra), appointment of commissioner at the
instance of the defendant in a suit for perpetual injunction is a rare
phenomenon. This Court observed that:
4. Learned counsel for the respondents, on the other hand,
submitted that the respondents - defendants had taken a specific plea
that no Survey No.805 was available in Paloncha Revenue Records. It
was necessary to appoint an advocate commissioner to locate the
1
2013 (4) ALD 347
2
2006 (4) ALD 675
3
2015 (2) ALD 206
Dr.GRR,J
4 CRP No.1730 OF 2022
petition schedule property with the help of Mandal Surveyor. The
trial court rightly allowed the petition for effective adjudication of the
matter in controversy and relied upon the judgments of this court in
Smt. A. Laxmamma and another v. Smt. A. Venkatamma and
another4, M.Yadaiah and another v. M. Chilkamma and others5
and Adarsh Constructions, Hyderabad and another v.
Qamaarunnissa Begum and another6.