(PRAYER: Revision filed against the order passed in I.A.No. 855/2002 in O.S.No.1352/85 on the file of the Additional District Munsif, Madurai Town.)

This revision is preferred against the order passed in I.A.No. 855/2002 in O.S.No.1352/85 on the file of the Additional District Munsif, Madurai Town, dismissing the Petition filed under Or.26, R.9 CPC, seeking for appointment of second Advocate Commissioner.

2. O.S.No.1352/1985: - The suit property relates to 15 cents in Eastern Portion of T.S.No.2431/4. Case of the Plaintiff is that suit property along with T.S.No.2432 on the Eastern side comprising an extent of 99 cents was allotted to his share in the family partition between the Plaintiff and his father and brothers on 31.7.1949. Ever since the date of partition, the Plaintiff has been in possession and enjoyment of the property by paying kist etc. and that the property was used as cultivable land about 5-6 years prior to the filing of the suit, the suit property and the surrounding places had become pucca house sites and constructions were put up. Without any right or interest in the suit property, the Defendants have encroached the suit property and put up the construc