The petitioner herein is the plaintiff, who filed O.S. No. 18 of 2016 on the file of the Junior Civil Judge’s Court at Kota seeking injunction restraining the respondent-defendant and his men from interfering with her peaceful possession and enjoyment over the suit schedule property. It is stated that the respondent-defendant had orally leased out the schedule property to the petitioner in 2009, on a monthly rent of Rs.3,500/- wherein the latter has been running the business in the name and style of M/s Siva Sai Automobiles. While so, suddenly, the respondent demanded the rent at Rs.25,000/- per month from April 2016. When the petitioner expressed her inability, it is alleged, on 23.08.2016, the respondent and his men came to the shop and destroyed the material therein. The petitioner therefore, filed I.A. No. 107 of 2016 seeking appointment of an Advocate-Commissioner to inspect the suit schedule property. The said Application was ordered on 26.08.2016, pursuant to which, the Advocate-Commissioner, after issuing notice to both the parties and respective banks, on 17.09.2016, visited the suit schedule premises and finding the same to have been locked, noted the physical features thereof peripherally and submitted a report. Since the AdvocateCommissioner could not inspect the premises, the petitioner filed the present I.A.No. 127 of 2016 to re-appoint the same AdvocateCommissioner to inspect the premises and submit a detailed report.
