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
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
suit premises for running business by his son. As regards partial eviction, the plaintiff pleaded that his need for the suit premises could ... satisfied by partial eviction. The suit was contested by the defendant denying the averments made in the suit as regards plaintiffs need for suit premises
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
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
according to Sec. 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
defendants can be accommodated in the suit premises itself by partial eviction. Regarding partial eviction, the plaintiffs have stated in their plaint itself that considering ... members the whole of the suit premises is necessary and no partial eviction can suffice the need of the plaintiffs.
4. Both the parties adduced
representatives have been substituted on record, against whom the order of partial eviction from a portion of the suit premises, which is a room, used ... allowed in part, on contest, and the suit was decreed for partial eviction of the tenant/respondent from the part of the suit premises, which
trial judge has not considered the question as to whether the partial eviction of the defendant shall serve the requirement of the plaintiff ... respondent, on the other hand, submitted that the question of partial eviction was not raised before the learned trial Judge and neither any question
petitioners. In regard to point No. 5 relating to partial eviction, the Court recorded that it is not feasible. On point No. 6, viz., eviction ... fault that finding of the Trial Court.
16. In regard to partial eviction, the Court finds that it is neither feasible nor practical. The area
