The plaintiffs must establish title to property before seeking possession, making the appointment of an advocate commissioner unnecessary.

Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records and set aside the fair and decretal order in I.A.No.05/2024 in O.S.No.67/2017 Dated 25-06-2025 in the Court of the District Munsif Court, Ramanathapuram in Ramanathapuram District.

For Petitioners : Mr. J.M. Hassanul Bazari, Advocate.

For Respondent : No appearance

ORDER

This Civil Revision Petition is filed to call for the records and set aside the fair and decretal order in I.A.No.05/2024 in O.S.No.67/2017 Dated 25-06-2025 in the Court of the District Munsif Court, Ramanathapuram in Ramanathapuram District.

2. The learned counsel for the petitioners would contend that the petitioners have instituted a suit as against the respondents for a declaration that the suit schedule property belongs to them and for recovery of possession. He would submit that the suit property had been encroached by the respondents. Hence this became necessary for appointing an advocate commissioner to note down the physical feature of the property. He would further submit that the Court below had held that the advocate commissioner could not be appointed for the purpose of collecting evidence and it is for the plaintiffs, namely the petitioners herein, to substantiate their right in the property and that based upon the evidence that has been let in, the petitioners can substantiate their right in the suit and by not attempting to collect evidence. He would further submit that to note down the extent of encroachment and the building put up by the respondents it has become necessary to appoint an advocate commissioner which has been overlooked by the Court below. Hence, he seeks interference of this Court.

3. I have considered the submissions made by the learned counsel for the petitioners.

4. A suit had been admittedly filed seeking for declaration and title and for recovery of possession, on the averments that the suit property belongs to the plaintiffs in which the respondents have encroached and put up constructions. Even as per the averments in the plaint, the plaintiffs admit that the defendants are in encroachment and has put up the construction over the suit property. In such an event, it is the petitioners, being the plaintiffs, who have to establish title to their property and once the title is established, they are also entitled for a recovery of possession, for which, there is no necessity to appoint an advocate commissioner. The Court below has rightly decided the issue which requires no interference from this Court.