SANKAR CHANDRA GHOSH Vs. SOVARANI BHOWMICK

JUDGEMENT

(1.) The revisional application under Article 227 of the Constitution of India is directed against the order dated 08.09.2006 passed by the learned Civil Judge (Jr. Division), Second Additional Court at Alipore in T.S. 6/2005 refusing the prayer of the petitioner for rejection of the learned Advocate Commissioner's report.

(2.) The circumstances leading to the above application is that the plaintiff/opposite party instituted T.S. 228/94, subsequently renumbered T.S. 6/2005 on transfer to the Court of learned Civil Judge (Jr. Division), second Additional Court at Alipore against the petitioner for eviction inter alia on- the ground of reasonable requirement for own use and occupation and filed an application under Order 39 Rule 7 read with section 151 CP Code for local inspection for (a) noting down the number and measurement of the rooms and other space in occupation of the plaintiff in the ground floor of the disputed premises save and except areas measured earlier and (b) noting any other local features. The petitioner filed an application under section 151 CP Code for rejection of the learned Commissioner's report on the ground that the learned Commissioner went beyond the writ of commission as she took evidence and noted in her report that on her query the person by name Rabindra Chowdhury who was present in the south-eastern side of the disputed premises disclosed that he is a relation of the plaintiff and also a tenant under her and showed her a rent receipt for January, 2006. The learned Court below rejected the prayer by the impugned order holding that it was the duty of the learned Commissioner to note down whatever she noticed and/or observed during the course of commission.

(3.) Being aggrieved by the said order the petitioner has landed in this Court.