other hand, the court finds as a fact that the partial eviction will meet the ends of justice as contemplated in second para of Section ... evidence and hearing the parties, recorded the finding that the partial eviction is not possible and he framed a point for determination to the effect
pleadings of the parties including issue No. 4 pertaining to partial eviction. The plaintiff examined himself as PW-1, Hem Chand PW-2, Radhey Shyam ... were with regard to reasonable bonafide necessity, comparative hard-ship and partial eviction were decided in favour of the plaintiff and against the defendant
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
defendant
to inform the Court whether the defendant is agreeable for partial
eviction under Section 13(4) of the WBPT Act as the suit premises ... proposal was made to him by the
learned Trial Court for partial eviction to accommodate the
plaintiff/appellant which the defendant/respondent declined to
accept
filed
RC. Rev. No.378/2013 Page 2 of 11
for partial eviction as the entire tenanted premises was not mentioned in the
petition. Another ... Addl. Rent Controller dismissed the eviction petition
preliminary on two grounds; first, that the eviction petition was for partial
eviction, and second that the respondent
subject matter of tenancy and the eviction petition being for partial
eviction is not maintainable in the eyes of law. Similarly, partial
eviction ... concerned tenancy and what the present respondents sought is a partial
eviction, which cannot be permitted in law. Learned counsel argued
that had the present
plea taken by the tenant was that the petition was for partial eviction since according to the tenant the terrace on the first floor ... terrace will make any difference to the eviction petition. The cases of eviction petitions being for partial eviction are really those where some substantial portions
Court. The second ground was that the order effected only a partial eviction and was therefore, illegal. In this respect, it should be reiterated that ... come forward with a plea that the Landlady had only sought partial eviction of the demised premises and that the construction on the roof
that since the
disputed shop is only 6 ft. wide, the partial eviction of the tenant
concerned would not serve anybody's purpose ... have also admitted that no useful purpose
would be served by partial eviction of the tenants, as the width of
the shop is merely
residential purpose and the petition was not bad for partial eviction rather eviction had been sought for the entire tenanted premises. It is this order ... tenanted premises and, thus, the petition was bad for partial eviction. The other ground urged is that the personal necessity urged by the respondent
