BANARASHILAL GUPTA Vs. NIRMALA PIPARA

JUDGEMENT

(1.) This revisional application is directed against the order dated December 1, 2005 passed by the learned Judge, 2nd Bench, Presidential Small Causes Court, Calcutta in Ejectment Suit No.474 of 2002 thereby rejecting the application for local inspection.

(2.) The short fact is that the plaintiff / opposite party instituted a suit for ejectment against the petitioner in respect 2 of the premises prescribed in the schedule of the plaint before the learned Judge, 2nd Bench, Presidency Small Causes Court, Calcutta, on the ground of reasonable requirement. The petitioner is contesting the said suit. The opposite party filed an application for local inspection and that application was rejected by the impugned order. Being aggrieved, this application was filed.

(3.) Upon hearing the learned advocate for the parties and on going through the materials on record, I find that the suit for ejectment has been instituted by the plaintiff / opposite party herein on the ground of reasonable requirement. The plaintiff is, therefore, required to prove that he has no other suitable accommodation and that she requires the suit premises reasonably for her own use and occupation. Inspection of one premises, that is, at 158, Rabindra Sarani, Kolkata-700007 possessed by the plaintiff has already been held. The plaintiff / opposite party herein has contended that she and her husband are doctors by profession and that they require the premises in suit for their profession.