BAKUL RANI DEY Vs. NANI BALA DEBI

JUDGEMENT

(1.) The petitioners have been substituted as defendants in a suit for ejectment instituted by the plaintiff opposite parties on the ground of alleged defaults in payment of rent. The learned Munsif by his order complained of, has rejected the prayer of the defendant petitioner for issue of a Commission for local inspection of the suit premises to report on its present condition and about the repairs which were required to be undertaken.

(2.) In my view, the learned Munsif did not commit any error of jurisdiction in not entertaining the defendant tenants' prayer for local inspection for the above premises. Their earlier application dated February 19, 1979 with similar prayers for local inspection was rejected by the learned Munsif by his order dated March 7, 1979. Therefore, in the absence of any change of circumstances, the same Court may not ordinarily reconsider its said earlier order rejecting the defendants' prayer for local inspection. The defendants did not plead any change of circumstances which could justify re-consideration of the learned Munsif's view in the matter of local inspection. I am unable to hold that the learned Munsif had arbitrarily exercised his discretion by not directing local inspection and he did not commit any jurisdictional error.

(3.) While rejecting the prayer of the defendants for local inspection, the learned Munsif has pertinently observed that the original defendant did not avail of the provisions relating to repairs contained in the West Bengal Premises Tenancy Act. Until a decree for recovery of possession under any of the clauses of sub-section (1) of Section 13 of the West Bengal Premises Tenancy Act is passed, the defendants would continue to be statutory tenants and if they are so advised, they may take recourse to proceedings under Section 34 of the West Bengal Premises Tenancy Act. Therefore, the order passed by the learned Munsif would be without prejudice to the rights and contentions of the parties in any other appropriate proceedings in accordance with law.