pari materia provision, in respect of the
second limb pertaining to partial eviction from the suit premises, the
Supreme Court observed as follows ... provisions of the Act do not bar a partial eviction being
ordered-rather contemplate a partial eviction specifically-which
would of course depend
provisions of Section 16(2) of the Rent Act dealing with
partial eviction. The learned Single Judge of this Court has there
in para ... noted that said Section 13(2)
does not bar a partial eviction being ordered and/ or
contemplated a partial eviction specifically, which would depend
provisions of the Act do not bar a partial eviction
being ordered- rather contemplate a partial eviction
specifically-which would of course depend on answer ... only a part of it, then the Court may order
partial eviction so that the requirement of the landlord
is satisfied and the tenant
also required to be established and enquiry in respect
of the partial eviction should have been considered;
in view of sub-section (2) of section ... second part of sub-section (2)
of section 16 , dealing with partial eviction. The said
provision is also in pari materia with the provision
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taxes. He then submitted that bonafide
need having been duly proved, partial eviction in respect of one shop could
not have been directed. According ... need
was found to be proved, the decree for partial eviction was justified
especially when the landlord had other premises in his occupation. In that
provisions of Section 16(2) of the Rent Act dealing with
partial eviction. The learned Single Judge of this Court has there
in para ... noted that said Section 13(2)
does not bar a partial eviction being ordered and/ or
contemplated a partial eviction specifically, which would depend
what was claimed
by them and that therefore, the issue of partial eviction arose in the matter which
was not at all considered. In this ... tenant was not entitled to
dictate terms or to insist for partial eviction. It was further contended that there
was no substance in the allegation
comparative hardship as also the aspect whether a
decree of partial eviction will suffice the reasonable and bona fide
requirement of the landlords. These aspects ... provisions of the Rent Act do not bar a partial eviction.
Rather, they contemplate a partial eviction specifically. This would
of course depend
contend that unless a finding with
respect to comparative hardship and partial eviction is
recorded by the Court, decree for eviction can never be passed ... respondent/landlord contends that the burden of
proving comparative hardship and partial eviction is on the
tenant. He contends that the tenant has to lead
tenant that both the Courts below have not considered
whether partial eviction of tenant from premises would meet the needs
of respondent / landlord. This requirement ... Court is required to record a finding about the
propriety of partial eviction in this situation. Said finding of the
Appellate Court cannot be challenged
