Survey Authorities, moving an application, getting the illegal and unlawful encroachments regularised by making payment of certain charges to the Government, had been under- taken by the deceased respondent G.R. Krishnamurthy, with an intention to overcome the deliberate acts of illegal encroachments made by his in the appellant's property. Therefore the Court below ought to have believed the evidence of CW1 Sri Thimmaiah, who had taken the assistance of a technical expert i.e Technical Engineer, drew a sketch, measured the property in the presence of the parties, submitted the report that there is an encroachment found and the property of the respondent is found to be excess than the measurements in the document produced at Ex.D1 and D2, to an area extent of 4 x 40, which is highlighted by the Court Commissioner to the effect that the said area extent has been encroached by the defendants. The Court below has deliberately missed the said report of the Commissioner, while arriving at the erroneous conclusion of holding that the appellant has failed to prove the encroachment made by the respondent.
