Whether it is mandatory for court to consider that it is possible to pass partial eviction decree?

However, there is one aspect which the Appellate Court has glossed over namely, by virtue of the later part of sub-section (2) to section 13 of the Act, the Court was obliged to examine as to whether there was any possibility of passing a partial decree. The Apex Court in the case of Rahman Jeo Wangnoo v. Ram Chand & others, reported in MANU/SC/0362/1977 : [1978]2SCR380 has observed that the provision such as section 13(2) of the Act mandates the Court to consider whether partial eviction as contemplated therein should be ordered or the entire holding should be directed to be evicted. The Apex Court further observed that the Court must proceed on the footing that the absence of a specific pleading under the said proviso does not stand in the way of the obligation of the Court to act in compliance with the mandate of the statute. 

IN THE HIGH COURT OF BOMBAY

Writ Petition No. 4457 of 1991

Decided On: 28.08.2002

 Gaur Chandra Basu and Anr. Vs. Ruchira Ashok Sonde and Anr.

Hon'ble Judges/Coram:

A.M. Khanwilkar, J.

Citation: 2002(1) ALLMR 312

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