mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5337 of 2008 Smt.Shardabai B. Aandge & ors. .. Petitioners versus Shri Jagdevappa C. Baswanti .. Respondent ... Mr.S.D. Thakade for the petitioners. CORAM : A.M.KHANWILKAR, J DATED : 8th August 2008 P.C.: 1. Heard counsel for the petitioners. 2. The argument of the petitioner that it was imperative to appoint a Court Commissioner to submit report about the nature and quality of accommodation available to the petitioners so as to establish the factum that those premises are not suitable to the petitioners clearly overlooks that this is an attempt to collect the evidence through the Court Commissioner. By now, it is well established position that Court Commissioner cannot be appointed for collection of evidence. Those are the relevant facts which will have to be established by the defendant himself. Counsel for the petitioner however relies on the decision in the case of Dr.Chandrakant J. Chudgar Vs. M/s.Advertising Agencies Association of India & Anr. reported in 231. Bom.Rent Cases 1987 where similar relief was granted. The said decision is on the facts of that case. As aforesaid, it is now established position that the Court Commissioner cannot be appointed for collection of evidence. Whether the petitioners would suffer greater hardship or whether the accommodation in occupation of the petitioner is suitable to him is a matter of evidence to be produced by the petitioners themselves. Hence, petition is dismissed. (A.M.KHANWILKAR, J)