P.K. Balasubramanyan, J.

This Revision is by the defendants in a suit for declaration of title and possession and injunction filed by the plaintiff. The claim of title and possession by the plaintiff is denied by the defendants. The plaintiff took out a commission to locate the plaint schedule property shown as plaint A to D schedules. The defence was that the land owner of the property had only 40 cents and after having executed various sale deeds he had exhausted the said 40 cents by the year 1991 and thereafter nothing was left to be sold to the plaintiff in the year 1994 as claimed by the plaintiff. In the context of that plea defendants filed an application for the issue of a commission to identify the entire 40 cents with reference to the original purchase deed by the land owner and also to locate the various portions sold by him in the chronological order so as to enable the Court to come to a conclusion on the title and possession claimed by the plaintiff

in the present suit. This application was opposed by the plaintiff essentially on the plea that the defendant sought to have asked for this when the Court issued a commission at the instance of the plaintiff and