( 1 ) DEFENDANTS 2 and 32 in O. S. No. 91 of 1983 on the file of Subordinate Judge, Chirala preferred A. S. No. 801 of 1995.

( 2 ) RESPONDENTS 1 to 4 in the appeal are the plaintiffs 1 to 4 in the said suit and they had instituted the suit praying for the relief of recovery of possession, which had been decreed.

( 3 ) A Commissioner was appointed in i. A. No. 1450 of 1983 in O. S. No. 91 of 1983 and a Report was filed by him, where in the learned commissioner observed,"in the warrant the survey number has been given as 146/1 A. But, no FMB or any document or any legal evidence was produced before me to locate that number. As there was no time to take the assistance of the surveyor and no surveyor s assistance was provided by the parties to me, i could not locate that number. Just I saw the plot shown by the plaintiff-Mallarapuchinavelu and noted the physical features therein".

( 4 ) THE learned Judge at Para-37 in relation to the Report of the Commissioner observed as follows:"an Advocate-Commissioner inspected the suit property seen after filing of the suit and filed his report along with plan into court. A reading of it would go to show that the entire land is vacant as on the da

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