Navaniti Prasad Singh, J.

1. That the present revision application arises out of the judgment and order dated 08.02.2001 passed by Munsif II, Samastipur in Eviction Suit No 6 of 1998. The petitioners, who were tenants and defendants in the said suit, were directed to vacate the suit premises. The plaintiff had filed the suit against the defendants for a decree of eviction on the ground of personal necessity.

2. Shri Sukumar Sinha, learned Senior Counsel appearing for the petitioners has principally raised only three issues while assailing the judgment. Firstly, he has submitted that it was incumbent upon the Court to decide that there was landlord-tenant relationship between the parties and moreso because this was a suit for eviction on ground of personal necessity of the landlord. This not emphatically having been done, vitiates the entire judgment and decree. Secondly, the premises in question was a shop premises but the plaintiff required it for her residence. This was not permissible and lastly, it was incumbent upon the Court to consider the question of partial eviction and not having considered the same at least to that extent, the matter must be remanded for fresh co