SUBIR SEN Vs. SREE SREE RADHA GOBINDA JEW

JUDGEMENT

(1.) The impugned order No.49 dated 17th April, 2018, passed by Learned Judge, 10th Bench, City Civil Court, Calcutta, rejecting the prayer for local inspection under Order XXXIX Rule 7 read with Sec. 151 of the Code of Civil Procedure filed by the plaintiffs is a subject of challenge in this revisional application under Art. 227 of the Constitution of India.

(2.) The petitioners/plaintiffs filed a suit for declaration of their tenancy right in respect of tenanted premises held by one Dr. Sen claiming themselves to be the nephew/near relatives of deceased Dr. Sen. Both Dr. Sen and his wife died issuless on 2.1.2000 and 25.1.2010 respectively. The petitioners claiming themselves to be near relatives/heirs of the deceased erstwhile tenant wanted to have the tenanted premises inspected by appointment of a learned Inspection Commissioner for having a complete picture of the articles, held under possession of Dr. Sen (since deceased) for the purpose of acquiring possession over the same.

(3.) Admittedly, the tenanted premises held by Dr. Sen was put under a lock fixed by the defendants over which plaintiffs in turn also put a further padlock in assertion of their respective claims and counter claims.