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
that the learned Court below has not considered regarding
partial eviction as provided under Section 11 (1) (c). Except this, no other
ground have been ... tenant agrees to partial
occupation. If the tenant did not agree there is no question of deciding
5
partial eviction arises. In the present case
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
improved scale in the suit premises. They also asserted that partial
eviction will not serve their purpose.
3. The defendants filed their written statement ... their personal need and, in any view of the
matter, partial eviction will serve the needs of the plaintiffs.
4. On these claims
Whether the requirement of the
plaintiffs could be satisfied by
partial eviction of the defendant
from the suit premises ?
Upon consideration of the materials ... shoes;
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(3) The plaintiffs' requirement cannot be
satisfied by partial eviction of the defendant from the suit
premises.
Thus, the order has been
parties to lead the
evidence restricted to the point of partial eviction.
2. From perusal of the record, it appears that
suit has been filed ... further asserted that there is no
finding on question whether partial eviction shall meet
the requirement of plaintiff and in a case sent for
eviction
parties to lead the
evidence restricted to the point of partial eviction.
2. From perusal of the record, it appears that
suit has been filed ... further asserted that there is no
finding on question whether partial eviction shall meet
the requirement of plaintiff and in a case sent for
eviction
conclusion that
necessity of plaintiffs would not be satisfied by the
partial eviction of the suit premises. Thus, the
defendant has been ordered to vacate ... fail.
Lastly, the learned counsel submitted that the issue
regarding partial eviction was not framed and such
issue has not been considered by the court
therefore the conclusion arrived either in
respect of personal necessity or partial eviction is
unassailable either on fact or in law.
In the opinion ... regard to personal necessity or in
paragraph 6 with regard to partial eviction is not only
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vitiated but in fact wholly perfunctory in nature
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
