Appointment of Commissioner does not depend upon merely whether any prejudice will be caused to other side.

Defendants 2, 3, 5 and 6 in O.S.No.12199 of 1989, on the file of First Assistant City Civil Judges Court, Madras, are the revision petitioners.

2. Petitioners are aggrieved by the order in I.A.No.15827 of 1999 whereby a commission was issued to measure the property.

3. Material facts could be summarised thus:

First respondent herein claims that he is the holder of an equitable assignment in respect of rights and interest of late M.Rajaram in respect of the lands comprised in T.S.Nos.16 and 21, Block Nos.38 and 39, Paimash Nos.967 to 972 in NO.109. Puliyur Strotriem Village. The entire village, according to first respondent/plaintiff, was an inamland, and one Janakiram Pillai was the strotriemdhar. In a dispute between the family members, Janakiram Pillai was appointed as receiver by this Court, and as per extract from Land Register, it could be seen that Janakiram Pillai was the erstwhile landowner. Till the Government took over the land, Janakiram was shown as the owner in all the records. It is further said that one Akbar Basha, father of first defendant, purchased some lands from third parties who had no manner of right or interest therein and consequently the sale in favour of first defendant was also invalid. In 1938, father of first defendant instituted a suit as O.S.No.1 of 1938 in the Court of Deputy Collector of Saidapet under Sec.55 of the Estate Lands Act for issue of Patta. The case went against him. On 111. 1947, Janakiram Pillai issued patta to P.Kalyanasundaram Pathar in respect of lands comprised in paimash Nos.967 to 972 for valid consideration. From that date onwards, Kalyanasundaram Pathar was in exclusive possession of the properties. He died issueless and he had executed a will whereby his adopted son one Rajaram acquired right over the property. It is the right of Rajaram that plaintiff claims as holder of equitable assignment.

4. Even though the document in favour of the father of first defendant is invalid, it seems that the first defendant executed a sale deed in favour of defendants 2 to 5 and others. The Special Commissioner and Commissioner for Land Administration to the Government of Tamil Nadu was approached for the grant of ryotwari patta, and he directed the filing of a regular revision petition to the Assistant Settlement Officer, Tiruvannamalai. The plaintiff filed a writ petition and obtained necessary direction. It is alleged that the defendants 2 to 7, in the meanwhile, have put up a huge kalyana Mandapam in the land over which they have no right, and over which the plaintiff alone has right. It is said that the Kalyana Mandapam is to be inaugurated on 112. 1989, and if the same takes place, plaintiffs right over the land will be seriously affected. The suit was, therefore, laid for the following reliefs:

“…for a declaration that he alone is entitled to the ryotwari patta in respect of the plaint schedule lands and for consequential injunction restraining the defendants 2 to 7 from any entitlement thereto and from proceeding with any construction and the inauguration of any Kalyana Mandapam on the lands set out in the schedule below wherein they have no right and for which they have no ryotwari patta; and for costs of the suit.”

5. In the written statement filed y defendants, they have denied the right of plaintiff.

.6. The parties went on trial, and the entire evidence was closed. The matter was also fully argued by petitioners counsel on the request of learned counsel for 1st respondent plaintiff, the matter was adjourned. At that time, I.A.No.15827 of 1999 was filed for the following relief:

.“…to appoint an Advocate-Commissioner to note down the physical feature of the 6th and 7th respondents possession of the entire suit schedule property comprised in T.S.Nos.16 and 21 Block Nos.38 and 39 Paimash Nos.967 to 972 in No.109, Puliyur Strotrium Village, measuring an extent of 37 1/2 grounds in T.S.No.21(2) including 21/6 Block No.39, at Door No.29-A, Viswanathapuram Main Roa