Let us now probe into the extent of the hardship that
may be caused to one party or the other, in case a decree
for eviction is passed or is refused. It seems to us that in
deciding this aspect of the matter each party has to prove
its relative advantages or disadvantages and the entire
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Onus cannot be thrown on the plaintiffs to prove that lesser
disadvantages will be suffered by the defendants and that
they were remediable. This matter was considered by this
Court in an unreported decision in the case of M/s Central
Tobacco Co. v. Chandra Prakash(l) where this Court observed
as follows:-
To the same effect is the decision in the case of K.
Parasuramaiah v. Pokuri Lakshmamma(1) where a Division Bench
of the High Court narrated the mode and circumstances in
which the comparative advantages and disadvantages of the
landlord and the tenant could be weighed. In this
connection, the Court observed as follows:-