JUDGMENT - A.P. SHAH, J. :--By this petition under Article 227, the petitioner seeks to challenge an order passed by the Small Causes Court, Bombay, granting respondent's notice for inspection of the flats situated on the second and third floor of the suit building, which are not subject-matter of the suit. Apparently, the Small Causes Court has taken recourse to provisions of Order 39, Rule 7(a) of the C.P.C. The short question is whether the Lower Court was right in granting inspection of premises, which are not the subject-matter of the suit and are in possession of third parties.

2. Before I deal with the rival contentions, I would like to state briefly the facts leading to this petition, which are few and almost undisputed. The petitioner is the owner of the building known as "Fair Field Annexe" situated at Veer Savarkar Marg, Mahim, Bombay. The respondent is the tenant of flat No. 3 on the second floor of the said building. The petitioner has filed R.A.E. R. Suit No. 1504/5511 of 1982 against the respondent for possession on the ground of default in payment of rent. The respondent has filed R.A.N. No. 437/S.R. of 1982 for fixation of standard rent. Both these proceedings are

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