Tip Top And Ors. vs Smt. Indramani Devi on 15 January, 1982
6. On analyzing the impugned judgment as well as
material on record and submission made by the parties, the
relationship of landlord and tenant is accepted by the defendant
Patna High Court C.R. No.253 of 2016(20) dt.19-04-2023
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himself in the written statement as well as in his deposition.
Plaintiff had specifically claimed that her husband and her
father-in-law is running their business in a tenanted premises
and as such they required the suit premises for their business.
This fact has been admitted by the defendant. In the said
circumstances, the finding of the learned trial court is that the
plaintiff had bonafide personal requirement of the suit premises
appears to be legal and proper. Reference in this regard may be
made to a decision of this court in Cases of Tip Top and others
Vs Smt. Indramani Devi reported in AIR 1982 Patna 190, Smt.
Jasbir Kaur @ Raj Rani and Another Vs Rabindra Kumar
Yadav reported in 2008 (4) PLJR 386, Hira Lal Das and
Another Vs Loknath Newatia reported in 2014 (4) PLJR 476
and Gopal Kumar Khetriwal @ Gopal Khetriwal Vs Smt.
Geeta Devi Dokani and others reported in 2017 (4) PLJR 59.
The defendant nowhere pleaded that the requirement of the
plaintiffs could be satisfied by partial eviction although it is a
settled law that once personal necessity is proved, the ownership
of the tenant is to show that partial eviction shall satisfy the
personal necessity of the plaintiffs.