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
conclusion that
necessity of plaintiffs would not be satisfied by the
partial eviction of the suit premises. Thus, the
defendant has been ordered to vacate ... fail.
Lastly, the learned counsel submitted that the issue
regarding partial eviction was not framed and such
issue has not been considered by the court
Court
should also have considered the question of
adequacy of partial eviction. That apart, it had been
submitted that said Bachcha Prasad, the father ... suit premises. Learned counsel
further submitted that the question of partial
eviction has also been discussed and decided by
the trail court
that the finding of the
court below with regard to the partial eviction was also
erroneous. It has been urged that even a 4 ½ wide ... length, no purpose would be served by partial eviction
of the tenant. Even the defendant has not stated either in his
written statement
neither
framed any issue with regard to the question of partial
eviction nor has discussed and decided the same, which is
mandatory requirement under Section ... whether the requirement of the
plaintiffs could be satisfied by the partial eviction of the
tenant. There appears to be no finding recorded on this
That apart, it has also
been submitted that the question of partial eviction has also
not been dealt with by the trial court ... competent to file a suit for eviction. So far as the partial
eviction is concerned, it is submitted on behalf of the
plaintiff-opposite parties
eviction of the
tenant.
(vi). No purpose would be served by partial eviction
of the tenant from the suit premises.
6. I have heard learned ... suit
premises on the aforesaid ground. So far as the partial
eviction is concerned, it is submitted that though none of the
parties have stated
that since the
disputed shop is only 6 ft. wide, the partial eviction of the tenant
concerned would not serve anybody's purpose ... have also admitted that no useful purpose
would be served by partial eviction of the tenants, as the width of
the shop is merely
landlord, i.e., the plaintiff-opposite party could
be satisfied by partial eviction of the tenant as detailed in the
order/ judgment dated ... present case, though the suit has been decreed but only
partial eviction has been ordered and decreed and, thus, the
same would amount to dismissal
bread for his family. Though
a separate issue with regard to partial eviction has not
been framed, however, such issue has also been
considered ... that the width of the shop being six feet
only, the partial eviction would not be possible for
satisfying the needs of the plaintiff
