ORDER :

G. Shyam Prasad, J.

1. This revision is arising out of order, dated 12.12.2018 passed in IA No. 1134 of 2018 in OS No. 176 of 2014 on the file of the Senior Civil Judge, Narasapuram, dismissing the application filed under Order 26 Rule 9 and Section 151 CPC for appointment of an Advocate Commissioner for the purpose of taking measurements of the plaint schedule land.

2. The brief facts of the case are that the respondent herein has filed Suit OS No. 176 of 2014 for recovery of Makta against the revision petitioner. The petitioner has filed a petition under Order 26 Rule 9 and Section 151 CPC for appointment of an Advocate Commissioner for measuring the land leased out by the respondent temple to the petitioner-tenant under a lease deed. The said petition was dismissed by the Trial Court on the ground that the terms of lease Condition No. 22 is to the effect that the land was leased on Makta to the tenant and the tenant is not entitled to dispute the extent of land leased out to him, as such, the revision petitioner is bound by the terms and conditions of the lease deed. Therefore, the Commissioner cannot be appointed in this case for measuring the land. The Trial Court also fo