then making a comparative
measure of the two degrees, which is involved in arriving at a finding on
comparative hardship.
The family, the business background ... incompetence as
compared with the landlord." On such state of the case, the Court answered
the issue as to comparative hardship against the tenant
also the
findings of the District Judge in regard to comparative hardship.
While dismissing the petition of the landlord, the High Court held :
"Even ... hardship they ought to have taken note of the hardship
the landlord would have suffered by not occupying his own
premises as against the hardship
passed if the Court is satisfied that having regard to the comparative hardship between the landlord and the tenant, greater hardship would be caused ... mention of argument of comparative hardship. We find that the trial court characterised this argument of greater hardship or comparative inconvenience raised by the counsel
bonafide requirement while Question No. 3 relates to the consideration of comparative hardship and partial eviction.
4. Brief facts relating to the suit ... hardship and observed that the appellant has not shown as to what hardship would be suffered by him, and therefore, his contention of greater hardship
think it proper to dwell upon the issue of comparative hardship. On the issue of default, the Trial Court, after taking into account ... Appellate Court did not address itself to the issue of comparative hardship, since it decided the issue of bona fide requirement against the landlord
have framed an issue under section 13(2) to examine the comparative hardship of the landlord and the tenant.
3. On the contrary, in other ... ought to have framed an issue for considering the question of comparative hardship of the petitioners and the respondents. It is submitted that
landlord required the suit shop reasonably and bonafide, and that the comparative hardship would be caused to the landlord, if the decree of eviction ... second and third points are that issues with regard to comparative hardship and partial eviction were wrongly decided by the trial court in cursory manner
proved bonafide need, the finding reached upon consideration of
aspect of comparative hardship required it not to grant a decree
for eviction. This appellate judgment ... urge that even if
bonafide need is established, the norm of comparative hardship
is required to be independently applied, feasibility of eviction
from part
landlord of the shop in question is bonafide?
(iii) Whether the comparative hardship of the landlord is greater than the tenant?
Considering the entire pleadings ... incompetence as compared with the landlord." On such state of the case, the Court answered the issue as to comparative hardship against the tenant
next submitted that the appellate Court had failed to
appreciate the comparative hardship which would be caused to
the petitioner. It is submitted that ... bonafide
requirement of the respondent, as also in regard to the comparative
hardship which would be caused to the respondent there are
concurrent findings
