KHOKHA RAI Vs. RAJESH BAHADUR JOHARI

JUDGEMENT

(1.) The respondent filed S.C.C. Suit No. 52 of 1992 for eviction of the petitioner from the disputed premises on the ground, namely, (i) that he has made default in the payment of rent, (ii) that he has made material alterations in the disputed accommodation, and (iii) that he has put the tenanted accommodation to use Inconsistent with the purpose for which it was let out.

(2.) The petitioner defendant in the suit moved an application for issue of commission for local inspection of the premises regarding ground Nos. 2 and 3 taken for the ejectment. The application is Annexure-3 to the petition dated 17.1.2000. That application was rejected by J.S.C.C., Allahabad by order dated 2.2.2000, Annexure-4 to the petition. Against that order, the petitioner preferred S.C.C. Revision No. 359 of 2000 which has been dismissed on 7.12.2000 by XIIth Additional District Judge, Allahabad. The petitioner, therefore, has approached this Court invoking extraordinary jurisdiction under Article 226 of the Constitution of India with the request that both the orders be quashed and the application for issue of commission for local inspection be allowed.

(3.) I have heard Sri A.M. Lal, learned counsel for the petitioner and Sri Siddharth Verma, learned counsel for the respondent.