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
below regarding the issue of bona
fide necessity, comparative hardship and partial eviction
are perverse and the mutawalli had no right to initiate
eviction proceedings ... 2009]
hardship, partial eviction and specific issue No.4 about the right of
the plaintiff to bring the eviction suit in the capacity of mutawalli
Whether the plaintiff's need can be satisfied by partial
eviction of defendants from the rented house?
6. Relief?
8. Heard learned counsel ... affirmed.
Issue No.5:
12 Issue No.5 pertains to partial eviction of defendant from the
rented house. Firstly the plaintiff landlord adduced evidence
favour
of plaintiff-landlord. The connected issues of comparative hardship
and partial eviction were also considered and it was observed by
the trial Court that ... shop and its partition is not possible, hence,
the partial eviction would not be possible nor would fulfill the need
of plaintiff. Accordingly, both
purpose of
restaurant and rest-house. Issues of comparative hardship and partial
eviction, were also discussed independently and were decided in favour
of plaintiffs-landlords ... landlords. The findings on the issue of default,
comparative hardship and partial eviction were affirmed. Cross-
objections of the plaintiffs-landlords in relation to issue
2000]5
14. The issue of partial eviction and comparative hardship were
also considered and decided in favour of the landlord.
15. The issue ... landlord. The
rented shop is one shop, for which issue of partial eviction was
considered and the partial eviction was not found suitable. Thus
relation to the rented shop in question the issue of partial eviction
was not considered by two courts below, hence a substantial
question ... hardship,
however, courts below could not ponder over the issue of partial
eviction, apparently for the reason that neither of the party raised
any issue
respect of bona fide necessity, comparative
hardships and partial eviction and issue No.7 is in respect of
subletting.
Plaintiff produced himself ... Trial Court, after deciding the issue of
comparative hardships and partial eviction, decreed the suit for
eviction on the ground of bona fide necessity vide
Defendant denied the
ground of default and bonafide necessity and contended that
eviction suit in respect of part of rented premises is not
maintainable ... framed issues. Apart from issues of
default, bonafide necessity, hardship and partial eviction etc.
specific issue No.9A and 9B were framed to the effect
also taken into
consideration the issue of comparative hardship and partial
eviction.
8. Counsel for appellant, during course of argument has fairly
submitted that appellant
