only, his purpose would not be served by partial eviction of
the defendant-petitioner. Accordingly, the plaintiff requested
the defendant-petitioner to vacate the suit ... bonafide and reasonably for his personal use. On the issue of
partial eviction also, the court below has recorded a finding
that the same would
raised a plea of fulfillment
of their need by their partial eviction
and as such the trial court did not
commit any error ... rejecting the case of the petitioners
on the issue of partial eviction. In this regard
his submission is that since the suit premises
consist
frontage at Mahavir Prasad Dwedi Road eleven (11) feet
only. So, partial eviction may not fulfil the requirement of the
plaintiff. When request was made ... filed for eviction under Section 11(c) of the Bihar Building
(Lease, Rent and Eviction) Control Act which enables the landlord
for eviction
without paying rent since 2012. He neither
pleaded nor proved that partial eviction would substantially
satisfy the respondent's need. The onus to establish ... partial eviction. (Paras 4 to 6)"
" Bihar Buildings (Lease, Rent and
Eviction) Control Act, 1982 - Section 11(1)
(c)-partial eviction-only smallness
nature of business will not satisfy personal
need of plaintiffs by partial eviction. The learned counsel of
defendants has also stated during his arguments that ... partial
eviction will not satisfy the personal needs of either plaintiffs or
defendants. Learned trial Court directed the defendants to vacate
the Holding
profession from suit house,
it is relevant to state here that partial eviction of petitioner from suit
Patna High Court ... further
pleaded, even by amendment prior to framing of issues, that partial
eviction would not satisfy the bona fide requirement of the plaintiffs
that neither the learned trial Court has framed an issue
of partial eviction nor the learned trial Court has considered or
whisper a single word ... partial evidence as those judgment and decree of the trial Court
are not sustainable for want of any finding on issue of partial
eviction
suit premises is such that it cannot be substantially
satisfied by partial eviction of the defendants' tenants. It is
further contended that the father ... Whether the requirement of the tenant can be
fulfilled by partial eviction?
(vii). Whether the plaintiffs are entitled to the cost of
the suit?
Patna
their requirement on the suit
premises which cannot be fulfilled by partial eviction.
2. The case of the plaintiffs is that plaintiff ... plaintiffs have proved that their personal necessity cannot be
satisfied by partial eviction in the suit. This plea of the plaintiffs
has not been contested
settlement the
plaintiff needed the shop in question and that a partial eviction of the tenant
from the premises would not have sufficed the requirement ... other shop of the
plaintiff lying vacant and that the partial eviction would not suffice the
Patna High Court
