measuring 9' x 9'. 1" by way of partial eviction.
4. Mr. Subhro Sanyal, learned counsel for the opposite parties, submitted that ... trial Court has recorded a clear finding of fact that partial eviction will not serve the purpose of the plaintiff. He has also invited
pass decree for eviction but there cannot be a decree for partial eviction of a tenant under the ordinary law of the land. The reason ... decree in respect of such part only. Thus, a decree for partial eviction can be passed under second paragraph of Section
defendant appellant has not raised any
argument on the issue of partial eviction which has not been
considered by the trail court and no finding ... this
regard. However this court is aware that the point of partial
eviction is an essential issue to be considered in view of Section
site plan annexed with the petition, would amount to seeking partial eviction.
TO understand the challenge, let us have a quick glance to the relevant ... defense Colony, New Delhi. That the petition was only for partial eviction and the petitioner had not sought eviction in respect of the room shown
Eviction) Act, 1950 (for short Rent Act ') in respect of partial eviction were not properly considered. In respect of alternative accommodation, I was taken ... finding by the courts below, on the question of partial eviction, does not affect the root of the matter as in the facts and circumstances
provisions of Section 16(2) of the Rent Act dealing with
partial eviction. The learned Single Judge of this Court has there
in para ... noted that said Section 13(2)
does not bar a partial eviction being ordered and/ or
contemplated a partial eviction specifically, which would depend
suit. Counsel also assailed the finding on the point of partial eviction.
5-A. It will first take up the first point. It may well ... this regard also is upheld.
21. As regards the question of partial eviction, which was the last limb of the argument of the Counsel
their claim of personal necessity of the entire suit premises as partial eviction of the defendant would not satisfy the requirement of the plaintiffs. Accordingly ... Whether the requirement of the plaintiffs would be sufficiently satisfied by partial eviction of the defendant from the suit premises?
(iii) Whether
provisions of Section 16(2) of the Rent Act dealing with
partial eviction. The learned Single Judge of this Court has there
in para ... noted that said Section 13(2)
does not bar a partial eviction being ordered and/ or
contemplated a partial eviction specifically, which would depend
Whether the plaintiff's need can be satisfied by partial
eviction of defendants from the rented house?
6. Relief?
8. Heard learned counsel ... affirmed.
Issue No.5:
12 Issue No.5 pertains to partial eviction of defendant from the
rented house. Firstly the plaintiff landlord adduced evidence
