Maqsood Hasan vs Sudama Prasad Jaiswal on 18 December, 2017
12. Learned counsel appearing for the plaintiff-opposite
party further submitted that in course of evidence, it came to light that
a partition took place between the plaintiff and his brothers and in the
aforesaid partition, the disputed shop fell in the share of plaintiff and
moreover, the relationship of plaintiff-opposite party with defendant-
petitioner as landlord and tenant is not in dispute and there was only
question before the court below as to whether the need of defendant-
petitioner was bona fide or not and whether the need of plaintiff-
opposite party could be fulfilled by partial eviction or not. He further
submitted that so far as availability of alternative accommodation is
concerned, the defendant-petitioner failed to prove this fact that any
alternative accommodation was available to the plaintiff-opposite
party and therefore, the decisions cited on behalf of the defendant-
petitioner are not applicable in the present case. Learned counsel for
the plaintiff-opposite party relied upon decision of Madhuri Devi vs.
Sri Raghubansh Jha reported in 2012 (3) PLJR 664.