BENZ AUTOMOBILIES PRIVATE LIMITED Vs. C. MOHANASUNDARAM

JUDGEMENT

(1.) HEARD both sides. This civil revision petition has been filed against the order of refusal passed by the Principal Sub Judge, Erode for appointment of commissioner to inspect the disputed property in I.A. No. 793 of 2002 in O.S. No. 549 of 2002 on 28.11.2002.

(2.) IT is argued on behalf of the revision petitioner to the effect that the revision petitioner was originally a tenant of the premises of a lease agreement dated 1.1.1996 by paying an advance of Rs. 5,00,000. Then the revision petitioner closed the business, vacated the premises and handed over possession of the same to the respondents on 1.2.2001. But, the respondents did not return the advance amount of Rs. 5,00,000 in spite of demands and issue of legal notice. However, the respondents have issued reply notice stating that possession of the suit property was not handed over to them. In fact the premises is in possession of some third parties at the instance of the respondents. So, the petitioner happened to file the suit for recovery of the advance amount. In the said circumstance, the petitioner moved for appointment of advocate commissioner to note down physical features with reference to possession of the premises with third parties, etc. by filing I.A. No. 793 of 2002.

(3.) THE only point for consideration is whether the order of the Principal Sub Judge is correct and justified and whether the civil revision petition is maintainable before this Court.