1. The petitioners herein have filed two suits O.S. No. 90 of 1992 and 89 of 1992 respectively on the file of the Sub-Court, Erode seeking an order of injunction restraining the respondent from interfering with the peaceful possession and enjoyment of the suit property contending that they are the tenants under the respondent pursuant to an oral agreement of lease. Pending the suit both the petitioners filed application Nos. I.A. No. 220/92 and I.A. 302/92 respectively for the appointment of the Advocate Commissioner. The lower Court has dismissed the application against which tile present revision has been filed.

2. The petitioners have stated in the affidavit filed in support of their application for the appointment of Commissioner as follows: —

“The respondent has filed the above suit claimed that he is the tenant of the suit property. The suit property is having ups and downs, therefore, I wanted to level the kind by using bulldozer and it is already levelled to some extent. Only after levelling the entire land it will become more fit for the agricultural purpose. The land cannot be cultivated properly since the lie of the land is with ups and downs If the Commission