require the entire premises for their own use and occupation and partial eviction will not reasonably satisfy the requirement of the plaintiffs.
8. Learned single ... finding of the Court below on the point of partial eviction is not in accordance with law.
(vi) The findings of the Court below
premises only", (such expression shall hereinafter referred to as "partial eviction")." Not only this even during evidence nothing was said ... absence of there being any finding on the question of partial eviction of the shop in dispute as envisaged Under Sub-section (2) of Section
cloth business and thirdly, the finding on the point of partial eviction is not in accordance with law as the court below has not considered ... also contended that the judgment on the point of partial eviction also does not suffer from any legal infirmity for the simple reason that
framing an additional issue No. 7 on the issue of partial eviction and the matter was remanded back under Order 41 Rule ... taking additional evidence on the said additional issue No. 7 of partial eviction, found that the suit could be decreed by directing partial eviction
entire premises and their
requirement would not be satisfied by partial eviction; and (f)
the defendants have started using the open land in front ... waste, and their business
would be adversely affected. In relation to partial eviction, the
10
defendants asserted that though the plaintiffs were not having
found that the plaintiff has proved both the grounds and the partial eviction would not be possible as required by the proviso to Section ... accepted, but the Court below has not considered the question of partial eviction in terms of proviso to Section
comparative hardship, in favour of the plaintiff. It also decided that partial eviction is neither desirable, nor possible in view of the requirement ... with regard to partial eviction, does not affect the decision of both the courts below, in favour of eviction, as partial eviction is not possible
according to Section 14(2) of the Act, the question of partial eviction was required to be decided, and placing reliance on a judgment ... recorded by the learned lower appellate Court on the question of partial eviction which has been recorded on the basis of statement of plaintiff
only, his purpose would not be served by partial eviction of
the defendant-petitioner. Accordingly, the plaintiff requested
the defendant-petitioner to vacate the suit ... bonafide and reasonably for his personal use. On the issue of
partial eviction also, the court below has recorded a finding
that the same would
before the learned Additional District Judge that an issue regarding partial eviction be framed as provided in the proviso of Sub-section (2) of Section ... said proviso mandates the court to consider the question of partial eviction and the learned lower appellate court committed a material irregularity in the exercise
