Judgment

JUDGMENT:- Special leave granted.

The respondent brought a suit for eviction of the appellant from the premises comprising of a shop measuring 24" x 22" with a Vernadah attached to it measuring 6" x 22" in which the appellant is carrying his business of running a restaurant. The respondent-landlord claimed eviction on the ground of his bona fide need which was stated to be the need of a son to start a TV shop. This need of the landlord was found proved by the Trial Court and the High Court has affirmed that order in a Civil Revision. Hence this appeal by Special Leave.

2. The proviso to clause (c) of sub-sec. (1) of Section 11 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 lays down that where the Court. thinks that the landlords reasonable requirement of such occupation may be substantially satisfied by evicting the tenant from a part only and allowing the tenant to continue the occupation of the rest of the premises and the tenant agrees to such occupation, the Court shall pass a decree accordingly and fix proportionately fair rent for the portion in occupation of the tenant. Obviously, this situation is reached when the landlord has proved his requirem