There is no proper guidelines for the
Court with respect to partial eviction and as such the proviso
being unworkable, the provision ... struck down. It is
submitted that though the proviso prescribes for partial eviction
from part of the building, however, the Courts have been
passing orders
nature of business will not satisfy personal
need of plaintiffs by partial eviction. The learned counsel of
defendants has also stated during his arguments that ... partial
eviction will not satisfy the personal needs of either plaintiffs or
defendants. Learned trial Court directed the defendants to vacate
the Holding
court with direction to frame additional issue with
respect to the partial eviction of the suit shop and thereafter,
conduct rehearing on this issue after ... court
with direction to frame additional issue with respect to the partial
eviction of the suit shop and conduct rehearing on this issue after
recording
profession from suit house,
it is relevant to state here that partial eviction of petitioner from suit
Patna High Court ... further
pleaded, even by amendment prior to framing of issues, that partial
eviction would not satisfy the bona fide requirement of the plaintiffs
defendant appellant has not raised any
argument on the issue of partial eviction which has not been
considered by the trail court and no finding ... this
regard. However this court is aware that the point of partial
eviction is an essential issue to be considered in view of Section
consideration of the Proviso to 11 (1) (C) i.e., partial
eviction while granting eviction decree against the appellant on
the ground of personal necessity ... have not been considered by the lower
appellate Court. So far partial eviction is concerned according to the learned
counsel, the defendant never expressed
sons proposed business. On the point of partial eviction from the suit shop, it was observed by the Court that both the parties have denied ... that by partial eviction their requirement can be satisfied. Dissatisfied with the judgment and decree passed by the trial Court, the tenant-respondent Shri Kanhaiya
that the court below has also not explored the
probability of partial eviction. The learned counsel for the petitioner by referring
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proviso of Section ... duty is cast upon the Court to explore the possibility of
partial eviction. By referring the impugned order, the learned counsel for the petitioner
pointed
Company can also afford to shift.
17. About the feasibility of partial eviction, learned Munsiff after taking into consideration the dimension of the schedule property ... requirements in terms of area has come to the conclusion that partial eviction is not feasible.
18. This order was challenged by all the tenants
Gate; the
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requirement of the defendants would be fulfilled by partial
eviction i.e. from half portion of the shop and as the rent ... rent @ Rs. 300/- per month and passed the
decree for partial eviction.
Feeling aggrieved, the appellants have filed the present
appeal questioning the finding
