court with direction to frame additional issue with
respect to the partial eviction of the suit shop and thereafter,
conduct rehearing on this issue after ... court
with direction to frame additional issue with respect to the partial
eviction of the suit shop and conduct rehearing on this issue after
recording
There is no proper guidelines for the
Court with respect to partial eviction and as such the proviso
being unworkable, the provision ... struck down. It is
submitted that though the proviso prescribes for partial eviction
from part of the building, however, the Courts have been
passing orders
settled principle of law that even if the partial eviction is not
Patna High Court ... duty is cast upon the court to frame issue of partial
eviction on the basis of material available but in the present case
no issue
challenged the non-framing of the issue of partial eviction. Hence,
Patna High Court ... suit premises beyond all
reasonable doubt?
(b). Whether the partial eviction of the tenant would
satisfy the requirement of the plaintiff?
8. Learned counsel
their requirement on the suit
premises which cannot be fulfilled by partial eviction.
2. The case of the plaintiffs is that plaintiff ... plaintiffs have proved that their personal necessity cannot be
satisfied by partial eviction in the suit. This plea of the plaintiffs
has not been contested
premise.
8. Further, the case of the plaintiff is that the partial
eviction of the suit premises will not serve the requirement of
the plaintiff ... plaintiff
except the suit premises. So far issue with regard to partial
eviction is concerned, the learned Trial Court has held that the
defendants have
denied on merits. It was asserted that
the landlord has sought partial eviction of the rented
premises. He has not included the basement floor ... respondent/tenant submitted thatthe learned Courts
below erred in ordering the partial eviction of the
tenant. The orders are not sustainable. The amount
denied on merits. It was asserted that
the landlord has sought partial eviction of the rented
premises. He has not included the basement floor ... respondent/tenant submitted thatthe learned Courts
below erred in ordering the partial eviction of the
tenant. The orders are not sustainable. The amount
eviction. As
per the submission of the learned counsel, the partial eviction, as
mandated by this Court in the case of Anil Kumar and others ... decree i.e. 29.08.2019.
13. So far as the ground of partial eviction of the
premises is concerned, it is an admitted fact that
pleaded that the
requirement of the plaintiffs would be satisfied by partial
eviction. It is a settled law that once personal necessity is
proved ... onus shifts on the tenant to satisfy that partial
eviction shall satisfy the personal necessity of the plaintiffs.
23. It is apparent from the materials
