In a recent appeal in D.Suman verses DVSB Subbalakshmi, the Andhra Pradesh High Court ruled on a case involving property boundaries, emphasizing that identifying the suit property doesn’t necessitate surveying all surrounding lands to establish encroachment. Referring to a Supreme Court decision, the judge highlighted the importance of prevailing boundaries in property disputes.
After reviewing the evidence, Justice V Gopala Krishna Rao found the plaintiff proved their ownership while noting the defendants had encroached upon the property. The court upheld the Advocate Commissioner’s report, which was challenged by the defendants after two decades post-decree.
The Advocate Commissioner’s method of identifying properties through land boundaries, using documents and assistance from the Municipal Town Surveyor, was transparent and accurate. Regarding mesne profits, the court referenced a previous decision, indicating the authority of the Appellate Court to address such matters even without specific prayers in the original plea.
Consequently, the appeal was dismissed, directing the Trial Court to determine mesne profits separately upon the plaintiff’s application, allowing both parties a fair opportunity.
