Courts below failed to consider as to whether the decree for partial eviction would serve the purpose of the plaintiff."
3. Briefly stated ... rooms in the ground floor was established and as plea of partial eviction was not taken by the tenant, the recovery of the entire ground
Will left by the father. As to the question of partial eviction, the Court found that the appellate authority did not consider the matter ... question of own use and occupation depends on the decision on partial eviction. The Court set aside the judgment and order of the appellate authority
thereby it becomes a fit case for granting a decree of partial eviction in favour of the landlord. Mr. Roy Chowdhury draws my attention ... that there is no scope for awarding any such decree of partial eviction, inasmuch as, no such point was included into the substantial questions
defendant-tenant once having refused to avail himself the benefit of partial eviction, under Section 13(4) of the West Bengal Premises Tenancy ... instance of the plaintiff-landlord against a judgment and decree of partial eviction dated 7.5.1986 and 20.5.1986 respectively passed by learned Additional District Judge, 14th
Krishna Das Nandy vs Bidhan Chandra Roy on 28 January, 1958
Equivalent citations: AIR1959CAL181, 63CWN29
defendant was still continuing and, accordingly, the suit was bad for partial eviction and also for not impleading the other co-sharer landlord, namely ... view of his finding that the suit was bad for partial eviction, he dismissed the suit. Hence this appeal,
5. Mr. Dipankar Gupta, learned Advocate
Judge did not also take into consideration as to whether the
partial eviction of the defendant appellant would have served tile purpose of the present ... Before us the defendant appellant has raised the question of partial eviction and Mr. Dasgupta has urged that his client is agreeable of such partial
could be met by a part of the disputed premises or partial eviction. According to him it was incumbent on the Court to arrive ... that the requirement of the landlord may be substantially satisfied by partial eviction of the tenant from a portion of the premises in question
requirement of the plaintiff No. 2 would be satisfied by the partial eviction of the defendant from the suit premises. As to the notice ... that the requirement of the plaintiffs would be satisfied by the partial eviction of the defendant. The decree that has been passed by the learned
Court considers reasonable, will be'substantially' satisfied by ordering partial eviction.
9. Thus, it is now well settled, first, that there must ... need And, in the last context, the question of partial eviction comes in.
10. Coming to the facts of the case
