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Date : 21-09-2023 Heard learned counsel for the parties.

2. This Civil Revision Application under Section 14 (8) of Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (for short 'BBC Act') has been filed for setting aside the judgment / decree dated 17.10.2022 passed by learned Sub- Judge Ist, Munger in Eviction Suit No. 06 of 2008 whereby and whereunder the aforesaid suit filed by the opposite party/ respondent (plaintiff in the trial Court) on the ground of personal necessity has been decreed and the petitioner/defendant in the trial Court has been directed to vacate the suit property within sixty days of passing the decree.

15. The learned Court below further held that plaintiff has produced sufficient evidence for proving his personal, bona fide and reasonable need of the suit premises and defendant has not produced sufficient evidences to contradict the same and hence it is clear that the need of the plaintiff of suit premises is personal, reasonable, bona fide and in good faith.

Scope of power under the proviso to Section 14(8) of BBC Act

Partial Eviction

21. Under the proviso of Section 11 (1) (C) of the BBC Act it is also mandatory on the part of the court to consider the issue of partial eviction by recording specific finding as with regard to reasonable requirement of such occupation of the plaintiff landlord being satisfied by evicting the tenant from the part only of the building. It is now well settled that under BBC Act on ground of personal necessity cannot be allowed without recording a finding on partial eviction.