(1.) In this second appeal the short question of law that arises for determination is whether a defendant-tenant once having refused to avail himself the benefit of partial eviction, under section 13(4) of the West Bengal Premises Tenancy Act, can again be offered the same benefit by the court at the appellate stage, and if so, whether the tenant can avail of it? It may be stated at the outset that answer to this question is, and should be in the affirmative.
(2.) This second appeal is directed at the instance of the plaintiff-land-lord against a judgment and decree of partial eviction dated 7.5.,1986 and 20.5.1986 respectively passed by learned Additional District Judge, 14th Court, Alipore, 24-Parganas, in Title Appeal No. 652 of 1984, in a suit brought by the plaintiff-appellant for eviction of the defendant-respondent-tenant among other grounds for reasonable requirement for own use and occupation.
(3.) The respondent-defendant-tenant (for short defendant-tenant) was admittedly a tenant under the appellant-plaintiff in respect of the suit premises. The plaintiff filed the suit for ejectment of the defendant-tenant on several grounds including the ground of reasonable requirement for her own use and occupation. The trial court rejected the other grounds having no merit and in respect of the ground of reasonable requirement, found the plaintiff-landlord's case established in respect of a stair case room in the ground floor. The defendant-tenant having not been agreeable to an offer of partial eviction being offered by the trial court, the said court decreed the suit for eviction for the entire suit premises.