PRAHLAD RAI CHOUDHARY Vs. MINA SINHA

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the respondents.

(2.) THIS appeal filed by the defendants -tenants is against the judgment of affirmance passed by the learned appellate court.

(3.) LEARNED counsel for the defendants -appellants challenges the aforesaid judgements and decree of the learned courts below on the ground that no finding on partial eviction has been given in the said judgments and hence the plea of personal necessity cannot be legally upheld. He further submits that since one part of the impugned judgements with regard to personal necessity is not in accordance with law, hence, the entire matter has .to be remitted to the trial court. In this connection, he relies upon a decision of this court in case of Smt. Panna Devi & Anr. vs. Atma Ram Kaushan, reported in 1996 (2) PLJR 98.