SABYASACHI BHATTACHARYYA,J. - (1.) The present challenge has been preferred by a defendant in an eviction suit against an order, whereby the prayer of the petitioner to repair the suit premises was turned down.
(2.) The premise, on which such prayer was refused, was primarily that the property-in-question is lying in a very bad state and the tin shed, as alleged by the petitioner, exists in a very small portion of the property. The trial court found that the property could not be repaired as sought for, by effecting minor repairs, in view of the report of the Commissioner.
(3.) Learned counsel for the petitioner argues that the repairs are essential for maintenance of the property and, as such, the trial court ought to have permitted the same.;