Business (Temp
Transport)"; and that the question of partial eviction has not been
property considered by the trial court as the suit premises ... reasonable
requirement of the suit premises. Regarding Issue No. VII-
whether partial eviction will satisfy the need of landlord, the trial
court held that
courts below were vitiated on the ground of non-consideration of partial eviction as contemplated under the Proviso to Section 11 of the Bihar Buildings ... directed that the Munsif, Patna City would decide the question of partial eviction, after affording opportunity to the parties to be heard and to lead
pass decree for eviction but there cannot be a decree for partial eviction of a tenant under the ordinary law of the land. The reason ... decree in respect of such part only. Thus, a decree for partial eviction can be passed under second paragraph of Section
reconstruction for useful utilization of the
property?
(vi) Whether partial eviction of the defendant from the suit
premises will satisfy the need of plaintiff ... evicted from the
suit premises on the said ground.
(b) Partial eviction of the defendant from the suit premises will
not serve the purpose
frame issue on the
point as to whether in case of partial eviction the parties
would face any trouble or not; and if not, whether ... partial
eviction from the premises in question is possible or not,
and thereafter to take evidence of both the parties only on
that point
business, which was bonafide and reasonable, can be satisfied by making partial eviction of the shops in question or not."
4. It arises ... that plaint, it was also stated that partial eviction of the shops in question was not possible.
The suit of the plaintiff-respondent was contested
from the entire premises, whereas, the trial court had directed only partial eviction. The entire premises in quest ion here, is it self ... matter to the trial Court to consider the question of partial eviction after affording further opportunity to lead evidence; the tenant adduced some evidence
favour of the plaintiff. However, while
considering the issue of partial eviction, the trial court came to the
conclusion that the need of the plaintiff ... trial Court assailing the grant of only the decree
for partial eviction of the defendant from the suit premises. The
defendant-tenant also filed
more particularly Section 12 of the Bombay Rent Act
and granted partial eviction decree in favour of plaintiff on the
ground of bona fide requirement ... used by the defendant tenants, and, therefore, passed the decree of
partial eviction which was confirmed by the appellate Court.
It has been argued
without paying rent since 2012. He neither
pleaded nor proved that partial eviction would substantially
satisfy the respondent's need. The onus to establish ... partial eviction. (Paras 4 to 6)"
" Bihar Buildings (Lease, Rent and
Eviction) Control Act, 1982 - Section 11(1)
(c)-partial eviction-only smallness
