suit premises. The trial court has further held
that the partial eviction of the defendant in the suit premises would
neither fulfill the need ... defendant-
petitioner has firstly submitted that the issue of partial eviction has
been wrongly determined by the trial court ignoring the facts and
circumstances
goods or not. No
issue on the point as to whether partial eviction of the Defendant from the
suit premises will meet the requirement ... remanded for the purpose of deciding the issue whether partial eviction will
fulfil the requirements of Plaintiffs or not.
6. The main point raised
whether alleged requirement of the plaintiff-landlord would be
satisfied by partial eviction of the defendant-tenant from the suit premises and that
mandatory provisions ... Courts below should have stated in the judgments as to why partial eviction under
Section 13(4) of the West Bengal Premises Tenancy
improved scale in the suit premises. They also asserted that partial
eviction will not serve their purpose.
3. The defendants filed their written statement ... their personal need and, in any view of the
matter, partial eviction will serve the needs of the plaintiffs.
4. On these claims
settlement the
plaintiff needed the shop in question and that a partial eviction of the tenant
from the premises would not have sufficed the requirement ... other shop of the
plaintiff lying vacant and that the partial eviction would not suffice the
Patna High Court
High
Court whereby he has decided the question of partial
eviction in Title Suit No.22/97.
2. I have heard Mr. V.Shivnath, learned ... substantially satisfied
from partial eviction. The eviction order
passed without such consideration is bad
and unsustainable. The finding on partial
eviction by learned Court below
Courts below failed to consider as to whether the decree for partial eviction would serve the purpose of the plaintiff."
3. Briefly stated ... rooms in the ground floor was established and as plea of partial eviction was not taken by the tenant, the recovery of the entire ground
view of the size of Shop No. 6, (the suit property), partial eviction will not serve the personal necessity of the plaintiffs. Their further case ... need bona fide for personal necessity. He has also found that partial eviction will not serve the purpose of personal necessity of the plaintiffs
mandatory requirement of law in considering as to whether the partial eviction from the property in question can satisfy the requirement of the landlord ... tenant was not interested even in partial retention of accommodation and, thus in his partial eviction and thus can be said not to be agreeable
necessity for
eviction of the defendant-petitioners as even partial eviction was
not going to solve her such requirement. In the plaint the plaintiff-
opposite ... expand their case in relation to either personal
necessity or partial eviction because the specific plea of the
plaintiff-opposite party in paragraph
