- (1.) This is an application under Article 227 of the Constitution of India directed against Order No. 18 dated 18th November, 2009 passed by the learned Judge XIIIth Bench, City Civil Court at Calcutta in Title Appeal No. 57 of 2008 arising out of Ejectment Suit No. 864 of 2000.
(2.) It is the case of the petitioner-tenant that the opposite party-landlord filed a suit for eviction wherein the reasonable requirement of the suit premises situated in the ground floor, for running business of his son was one of the grounds. It is further case that the suit was decreed by the learned trial Court allowing said claim of reasonable requirement of the plaintiff-landlord. The petitioner-tenant, accordingly, preferred an appeal being Title Appeal No. 57 of 2008. During pendency of said appeal he filed an application under Order 41 Rule 27 read with Section 151 of the Code of Civil Procedure for taking note of some subsequent events viz. acquiring of four rooms in the first floor by the plaintiff-landlord through eviction of another tenant, construction of a staircase and having a room beneath the staircase to satisfy his requirement. Accordingly, the petitioner/defendant-tenant wanted to adduce further evidence in support of said subsequent events.
(3.) The petitioner-tenant also filed one application under Order 39 Rule 7 of the Code of Civil Procedure for inspection and taking note of said new constructions as alleged in his application under Order 41 Rule 27 of the Code of Civil Procedure.;