RADHEY SHYAM SAH Vs. KRISHNA PRASAD GUPTA

JUDGEMENT

(1.) Heard Mr. Birendra Kumar Singh, learned counsel appearing for the appellant and Mr. J.K. Verma, learned counsel appearing for the respondent.

(2.) The plaintiff is the appellant in this appeal against the judgment and decree of affirmance granting the decree of eviction to the plaintiff for the part of the suit premises only.

(3.) The relationship of landlord and tenant between the plaintiff and the defendant is not in dispute. The tenant has been in occupation of the suit premises which is a shop measuring 10 feet North to South and 13 feet East to West in a market place. The plaintiff filed the suit for eviction of the tenant-defendant on the ground of personal necessity for establishing a Sanitary Ware Shop for his younger son in the suit premises. The trial court decided the issue of personal necessity in favour of the plaintiff. However, while considering the issue of partial eviction, the trial court came to the conclusion that the need of the plaintiff would be reasonably and substantially satisfied by eviction of the defendant from the area admeasuring 14 feet long and 6 feet wide from the Western side in the suit shop, leaving the remaining portion of it in occupation of the defendant as tenant. The suit was, accordingly, decreed in part.