need of the plaintiff/ landlord could be fulfilled and
satisfied by partial eviction from the suit premises. Being
aggrieved, both the parties challenged the order ... matter to the trial court for
deciding the question of partial eviction.
3. The trial court, on consideration and discussion of
the evidence adduced
Business (Temp
Transport)"; and that the question of partial eviction has not been
property considered by the trial court as the suit premises ... reasonable
requirement of the suit premises. Regarding Issue No. VII-
whether partial eviction will satisfy the need of landlord, the trial
court held that
suit. Learned Court below also held that the partial eviction of the premises shall not fulfil the need of the plaintiff. Learned Trial Court thus ... 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
that the court below has also not explored the
probability of partial eviction. The learned counsel for the petitioner by referring
2
proviso of Section ... duty is cast upon the Court to explore the possibility of
partial eviction. By referring the impugned order, the learned counsel for the petitioner
pointed
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
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
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
vitiated in law for non consideration of the question of partial eviction and not recording finding on the mandatory requirement ... being vitiated in law for non consideration of question of partial eviction which is mandatory requirement of law. In this connection, learned Counsel relied upon
need the suit property for their personal use and
occupation and partial eviction will not suffice the need of the plaintiff as such
the entire ... Issues on the point of default, personal necessity as well as partial
eviction was framed and the trial court decreed the suit both
without any
element of need; and that (ii) the question of partial eviction has not been
considered by the learned trial court in the manner ... purpose; and that such need will not be satisfied by the
partial eviction.
5. Separate written statement was filed by opposite party no. 2-Sunil
