whether the requirements of the plaintiff can
be fulfilled by partial eviction and on making elaborate discussion on the
above mentioned points, the trial court ... accommodation and that the plaintiff‟s
requirement cannot be fulfilled by partial eviction.
-5-
8. The learned Advocate of the petitioners-defendants has
vehemently challenged
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
bonafide personal requirement of the suit premises.
So far question of partial eviction is concerned, it is quite
apparent that the plaintiff had pleaded that ... nowhere pleaded that requirement of the plaintiff would be
satisfied by partial eviction. The learned trial court held that the
witnesses adduced by the defendant
correctly considered that
plaintiffs' personal necessity would be satisfied by partial
eviction.
4. The case and claim of the plaintiffs-opposite
parties as disclosed ... personal necessity of the plaintiffs would not be satisfied
by partial eviction of the defendant from the suit premise.
Patna High Court
terms of the judgment dated 22.4.94 whereby the decree for partial eviction has been passed on the basis of facts and evidence on record ... necessity in favour of the plaintiff. However, on the question of partial eviction the trial Court held that the decree for partial eviction will satisfy
fide; that comparative hardship would be caused to the plaintiff; that partial eviction would not serve any purpose and thus the suit of eviction ... size of the shop which is 23 x 14', Partial eviction is not possible. First Appellate Court reversed the findings of the trial court
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
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
also on the issue of
comparative hardship and of ordering partial eviction
from the suit premises. On the other hand, the
landlord has challenged ... issue of
comparative hardship and the decree for possession
limited
to partial eviction and not for the whole of
the suit premises.
3. The landlord
only 25 ft. X 8 ft. in size hence
its partial eviction cannot satisfy the personal requirement of the
plaintiff. As the defendant had defaulted ... eviction suit and a co-
owner can also sought for eviction on the ground of his personal
necessity.
6. So far, the question of partial
