Ex.C.3. A perusal of Ex.C.1 to Ex.C.3 filed in the additional typed set of papers filed by the respondent would suggest that the appellant herein made an encroachment into the property of the respondent on the southern side of his property. The measurement of the encroached portion is given as 41 feet east-west and three feet north-south on the eastern side and two feet north-south on the western side. When D.W.1 was confronted with the Advocate Commissioner's report and plan, he categorically admitted that he had gone through the Advocate Commissioner's report and plan and he did not file any objection. When the Advocate Commissioner, after measuring the property of the parties with reference to the title deed, found that there is an encroachment into the portion of the second schedule of the suit property, in the absence of any objection by the appellants it is not open to the learned counsel for the appellants to assail the findings of the Courts below based on the Advocate Commissioner's report and plan. While coming to the conclusion that there is an encroachment in the portion of the suit second schedule property by the appellants, the Courts below also relied on Ex.A.12-the proceedings of the Tahsildar. In Ex.A.12 also, it is mentioned that the appellants have encroached into the property of the respondent on the southern side.
