15.12.2025 Ct. No. 06 Sl. No.8 skg C.O. No. 3667 of 2025 Satish Agarwal Vs.

Prabir Kumar Seal Mr. Shyamal Chakraborty, Mr. Debajyoti Mondal, …..for the petitioner Mr. Subham Gupta, Mr. Md. Agaan, Mr. Rajsekhar B. Bakshi, ….for the opposite party

1. By the order impugned, the learned Judge 5th Bench, Presidency Small Causes Court, Calcutta in Ejectment Suit No. 24 of 2008 rejected the application under Order 39 Rule 7 of the Code of Civil Procedure.

2. The petitioner is the tenant in the suit for eviction, on the ground of reasonable requirement. The points for local inspection are quoted below.

“i.To make inspection of the third floor of premises No. 14/3, Chhattawali Gali and take the measurement of the room and/or accommodation available to the plaintiff at the said floor of the said premises and also to report as to the mode of user thereof;

ii) To take inspection of the room in the 2nd floor of premises No. 14/3, Chhattawali Gali which are in occupation of the plaintiff. Some of the rooms which are kept under lock and key being in occupation of the plaintiff is also to be taken into consideration and measurement thereof and also to report as to the mode of user thereof be produced through inspection and report.

iii) To take inspection of the first floor of premises No. 14/3, Chhattawalli Gali and to take note of the measurement of the room in occupation of the plaintiff and also to take measurement thereof and to report as to the mode of user thereto along with measurement and other details of the accommodation available to the plaintiff at the said floor.

iv) To inspect and report as to the measurement of the room situate at the ground floor of premises No. 14/3, Chhattawalli Gali which the plaintiff has obtained possession from Gopal Agarwal on 11.04.2025 on the basis of execution of the decree relating to Ejectment Execution Case No. 187 of 2019 arising out of Ejectment Suit No. 24 of 2008 before the learned 5th bench, Presidency Small Causes Court, Calcutta.

v) To inspect and report as to the measurement of the room situate at the second floor of premises No.14/3, Chhattawali Gali, Kolkata-700 012 which the plaintiff has got possession from Gopal Kumar Senei.

vi) To inspect and report as to the additional construction made by the plaintiff during the pendency of the suit at the ground floor and first floor of premises No.14/3, Chhattawali Gali, Kolkata-700 012 being approximately 700 sq.ft. on the ground floor and 700 sq.ft. on the first floor of the said premises which has been let out to Md. Tousif and Darakhshan Tousif during pendency of the suit.

vii) To inspect and report and also to measure the room and/or accommodation approximately about 1000 sq.ft. in the ground floor of the premises No.14/3, Chhattawali Gali which the plaintiff has let out during the pendency of the suit and after previous commission report was submitted to Royal India Transport.

ix) To report as to any other point or points that may be appeared to be relevant for the purpose .

3. The learned court was of the view that an advocate commissioner was appointed on an earlier occasion and a report had been submitted. The accommodation of the plaintiff on the second floor was also filed by way of supplementary examination in chief of the PW1. The suit against the 2nd floor tenant was withdrawn as the same was defective. A fresh notice was issued upon the said tenant who had kept all the rooms under lock and key for a prolonged period. The plaintiff was taking steps to file a fresh suit. With regard to the actual measurement of the room which was obtained by the plaintiff by virtue of a decree passed in another suit, the court found that the measurement of 700 square feet was available from the judgment and decree. Under such circumstances, the court held that, local inspection of the accommodation which was obtained by the plaintiff by virtue of a decree of eviction against another tenant, was not necessary.

4. The allegation of construction of a stair case, w