( 1 ) THIS petition under Article 227 of the Constitution of India raises an important question of the jurisdiction of a Civil Court to appoint a Local Commissioner in the exercise of inherent powers under Section 151 of the Code of Civil Procedure.

( 2 ) THE dispute between the parties relates to premises No. S 231, Panchsheel Park, New Delhi built on a leasehold plot of land. Smt. Sulakshana Malhan (Respondent No. 2) was the exclusive owner of the said premises. She entered into an agreement on September 11, 1976 with the petitioner for letting out the said premises at a monthly rent of Rs. 1,200. 00. There are other conditions in the lease agreement with which this Court is not concerned in the present proceedings. The said premises are a single storeyed house. Smt. Mohini Devi (Respondent No. 3) lost her husband leaving behind a minor son and she came back from England to settle in India. Respondent No. 2 executed a gift deed in favour of respondent No. 3 transferring out of love and affection half share in the said premises. The name of respondent No. 3 is alleged to have been entered as joint owner in the records of the Panch Shiela Co-operative House Building Soc