noticed that while the Trial Court had considered the feasibility of partial eviction of the tenant from the premises without recording any finding as required ... hence, this is not a case wherein a decree for partial eviction could be passed. Accordingly the District Judge recorded his negative finding on this
from the entire premises, whereas, the trial court had directed only partial eviction. The entire premises in quest ion here, is it self ... matter to the trial Court to consider the question of partial eviction after affording further opportunity to lead evidence; the tenant adduced some evidence
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
tenant and the accommodation available, the learned Judge has held that partial eviction cannot be ordered.
4. Sri H.B. Datar, learned Senior Counsel appearing ... need of the landlord would be satisfied if an Order for partial eviction is made in respect of one out of the two shops, which
agreement is arrived at, as an alternative to the order of partial eviction, Court may, give an option to the landlord, to exchange the premises ... considerations.
In view of this statement, I modify the order of partial eviction made by the Trial Court as follows:
Petition under Section
family;
(7) the trial Court ought to have considered whether partial eviction would have satisfied the requirements of the respondent.
4. The case ... consideration is whether this is a fit case for ordering only partial eviction. Partial eviction has been declined on the ground that there
learned Additional Judge, Court of Small Causes, Bangalore and also the eviction petition filed by the landlord are not maintainable in view of the decision ... facts and circumstances of the case, it is feasible to order partial eviction against the tenant from the petition schedule premises?
(5) Whether the landlords
caused to both the landlord and tenant in case of partial eviction?
5. Whether the petitioner is entitled for the relief as prayed under Section ... eviction. In this case either there should be total eviction or no eviction. There won't be any equitable remedy by resorting to partial
respondent, he did not find it feasible to order any partial eviction. Weighing the comparative hardship based on the need and available accommodation, he took ... pertaining to either the bonafide need including the incidental questions of partial eviction and comparative hardship, as also that pertaining to suitable alternative accommodation
eviction.
7. The two Revision Petitions are filed, against the order of eviction and the order allowing the application for the amendment of the eviction ... Court on the earlier occasion to consider independently, the question of partial eviction; and
(Iv) if partial eviction was called for, as now ordered
