Bharati Pustak Kendra And Ors. vs Chhedi Lal Daruka on 3 July, 1992
In yet another decision in the case of M/s
11
Bharati Pustak Kendra and others v. Chhedi Lal
Daruka, reported in 1992(2) Patna Law Journal
Reports, 692 a Division Bench of this Court has held that
the finding of the court recorded on the basis of
willingness or unwillingness of the parties and making its
own assumption based on that would not be valid and
liable to be set aside. It is clear that while considering the
question of partial eviction under the Act the court has
first to consider the reasonable requirement of the landlord
and then to consider as to whether reasonable requirement
is specifically required only from part of the premises.
This question has to be decided on the basis of the
materials on record and not only on the basis of ipse dixit
of the landlord or his desire to occupy as much area as he
wants.