LAXMI BAI Vs. BANSI LAL

JUDGEMENT

(1.) The suit for eviction filed by the plaintiff-respondent was dismissed by the trial court vide judgment and decree dated 6.11.1979.

(2.) Above judgment and decree dated 6.11.1979 passed by the trial court was, however, set aside and reversed by the lower appellate court vide judgment and decree dated 22.10.1992. Apart from bonafide reasonable necessity the suit has been decreed on the ground of comparative hardship as well. This court, while admitting the present appeal, framed following substantial questions of law on 116.12.1992:-

(3.) Learned counsel for the appellant, while relying on the judgment of the Supreme Court in case of "Rehman Jeo Wangnoo Versus Ram Chand" (AIR 1978 SC 413) as also this court in the case of "Riaz Mohammad Versus Rameshwar" (RLW 1989 (1) page 95), has contended that both the courts below have failed to consider the issue of partial eviction and the matter requires to be remitted back to the lower appellate court on the issue of partial eviction.