AIR 1997 CALCUTTA 80 ::(1997) 2 BankCLR 512 ::(1997) 101 Cal WN 348 ::(1997) 1 ICC 410 ::(1996) 2 Cal HN 481

Calcutta High Court

Hon'ble Judge(s): G. R. Bhattacharjee, D. K. Jain , JJ

(A) Civil P.C. (5 of 1908) , O.39 R.7, O.26 R.9— Appointment of Commissioner for ascertaining condition of demised premises by making local inspection - Comes within purview of Order 39, Rule 7 and not O. 26, Rule 9. AIR 1981 Cal 319 and AIR 1933 Cal 475, Foll. (Para 7) (B) Civil P.C. (5 of 1908) , O.39 R.7, S.96— Commissioners report - Admissibility in evidence - Report put in evidence through witness during trial Admitted in evidence and also marked exhibit by trial Court - No objection to such report taken before trial Court - Report relied upon by appellant in memorandum of appeal - Appellant cannot raise objection for first time at time of hearing of appeal. (Para 7) (C) West Bengal Premises Tenancy Act (12 of 1956) , S.13(1)(b)— @page-Cal81Eviction - Notice regarding offending alterations and installations made by tenant as stipulated under Section 108(m) of Transfer of Property Act Not sine qua non for institution of suit for eviction under Section 13(1)(b). It is not necessary that before filing a suit for eviction for contravention of clause (m) of Section 108, T. P. Act, a notice mentioned in said clause (m) must ....