comparative hardship, in favour of the plaintiff. It also decided that partial eviction is neither desirable, nor possible in view of the requirement ... with regard to partial eviction, does not affect the decision of both the courts below, in favour of eviction, as partial eviction is not possible
tenant and the accommodation available, the learned Judge has held that partial eviction cannot be ordered.
4. Sri H.B. Datar, learned Senior Counsel appearing ... need of the landlord would be satisfied if an Order for partial eviction is made in respect of one out of the two shops, which
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
agreement is arrived at, as an alternative to the order of partial eviction, Court may, give an option to the landlord, to exchange the premises ... considerations.
In view of this statement, I modify the order of partial eviction made by the Trial Court as follows:
Petition under Section
trial Court for a fresh consideration on the question of partial eviction. Against the said judgment and order, the petitioner moved ... matter to the trial Court only for deciding the question of partial eviction. The Supreme Court disposed of the aforesaid Special Leave Petition on 16th
learned Additional Judge, Court of Small Causes, Bangalore and also the eviction petition filed by the landlord are not maintainable in view of the decision ... facts and circumstances of the case, it is feasible to order partial eviction against the tenant from the petition schedule premises?
(5) Whether the landlords
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
case to the Court below on a limited question whether the partial eviction of the suit premises will serve the need of the plaintiff. After ... pending before the Court below for deciding limited question of partial eviction, the Court below was bound to take notice of the subsequent event
Delhi. It was also contended that the petitioner was for partial eviction since the respondent had not included the first floor premises.
(v) As noted ... petitioner is well founded. With regard to the plea for partial eviction, the learned Additional Rent Controller appointed a Local Commissioner, who went
respondent No. 2. Petitioner claimed the petition to be one for partial eviction. Petitioner also disputed that there were any premises bearing ... Authority had completely over looked that the petition was one for partial eviction. He urged that the respondent was a tenant in respect
