spb/- 1 wp5070-5071-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 5070 OF 2010 Mr. Ajaykumar Garg & Anr. ... Petitioners. V/s. Mr. Ajit D. Lalwani ... Respondent. --- ALONGWIHT WRIT PETITION NO. 5071 OF 2010 Mr. Ajaykumar Garg & Anr. ... Petitioners. V/s. Mr. Ajit D. Lalwani ... Respondent. --- Mr. Rakesh Dave i/by N.N. Vaishnawa & Co. for the Petitioners. Ms. Mona Singh i/by Vivek Sharma for the Respondent. ----- CORAM : D. G. KARNIK, J. DATE : 09th FEBRUARY, 2011. P.C. 1 Heard the learned counsel for the petitioners. Both the petitions are disposed of by this common order. 2 The petitioners are landlords and the respondent is a tenant. The petitioners filed a suit against the respondents for eviction, interalia, on the ground of erection of a permanent construction. In the said suit they made an application for permission to inspect the suit premises alongwith an Architect and take measurements of the suit property and its spb/- 2 wp5070-5071-10.sxw photographs. By an order dated 19th September, 2009 the court allowed the application by passing the following order : ORDER “1. Application is hereby allowed. 2. Defendant do give inspection of the suit premises to the plaintiff and the representatives along with architecture and photographer to enable the photographer to take photographs of the suit premises. 3. Plaintiffs shall give prior notice to the defendant of the inspector and shall inspect the suit premises during day time only.” 3 The petitioner then applied for clarification of the said order saying that he should also be permitted to take the measurements of the suit property. That application was rejected. Aggrieved by the same, the petitioners have filed these two writ petitions. 4 Section 28 of the Maharashtra Rent Control Act permits the landlord to inspect the premises let /or given on license at a reasonable time, after giving prior notice to the tenants, licensee or occupier. This right is similar to the right conferred on the lessor under clause (m) of section 108 of the Transfer of Property Act to carry out inspection of the premises let. The right of inspection does not include right to take measurements of the premises and unless such a right to take a measurements is conferred by the contract, the lessor has no right to enter upon the premises of the lessee to take measurements of the spb/- 3 wp5070-5071-10.sxw premises during the continuation of lease /tenancy. In the circumstances, the trial court committed no error in not granting the request of the petitioner to take measurements of the suit property. 5 Both the writ petitions are accordingly rejected summarily. [D.G. KARNIK, J.] .....