HIGH COURT OF CHHATTISGARH AT BILASPUR wm'r pmmox (227) no.1886 or 2011 2. ‘ i Learned counsel for the parties axe heanl. 3. Copy of the plaint, copy of the sale deed, copy of the application under Cider 26 Rule 9 of the Code and its reply perused. Present petitioner has nled the suit for eviction of respondent as a tenant aiter purchasing the suit property n‘om previous owner. This is not a suit for declamu'on of title and possession but siinpliciter suit for eviction on the gound of tenancy. Respondent has denied the tenancy. in the present case commission for local inspecu'on of ascertaining of khashra number and present status of the suit property is not i3. necessary for disposal of the suit. In case of petitioner failed to proof ~ \ relationship of the landlord or tenant over the suit property then decree of PETITIONER Sawan Kumar Agrawah S/o PLAiNTlFF Karamchand Agrawal, agnd about 30 years, R/o Patthalgaon, District Jashpumagar (Chhattisgarh). RE3PONDENT . Gopal Prasad Shanna, S/o Dayamm DEFENDANT Shama, aged about ‘55 years, R/o Ambikapur Road, Wald No. 4, Patthalgaon, District Jashpumagar (Chhattisgarh). WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA. ' (SB :Hon’ble Mt. T.P.8hmma, J.) Present:- Mr. Sourabha Sherma, Advocate for the petitioner. Ms. ‘ Shannila Singhai, Advocate for the respondent. ORAL- ORDER (Passed on 19/07/2011) k‘? 1. By this petition under Article 227 of the Constitution of India pen‘tioner hne challenged the legality and propriety of the onler dated 22/ 2/ 201 1 passed by Civil Judge Class—2, Pathalgaon District Jashpur (C.G.) in civil suit No. 11A]O6 allowing the application under Order 26 Rule 9 of the Civil Procedure Code (in short ‘the Code’) for local inspection for ascertaining the actual “"hxa number of the suit property and its piesent posin'on. No order as to costs. Sd/— T.P. Sharma Judge