V. Nath, J.-Heard Mr. S.S. Dwivedi, the learned Senior Counsel appearing on behalf of the appellant as well as Mr. M.N. Prabat, the learned counsel appearing on behalf of the respondent.

2. This appeal arises out of a suit for eviction which has been decreed by the appellate court in part reversing the judgment of the trial court whereby the suit was dismissed. The appellate court, after holding the requirement of the plaintiff to be bona fide and reasonable, however allowed only the part eviction of the defendant from the suit premises after considering the issue of partial eviction.

3. A cross-objection has also filed on behalf of the respondent challenging the finding on the issue of personal necessity as recorded by the appellate court below and by order dated 24.2.2009 the said cross-objection had also been ordered to be listed alongwith this appeal. Accordingly, both the second appeal and cross-objection has been heard on merits. The parties to this appeal hereinafter be referred to by their position in the suit.

4. The case of the plaintiff, in short, is that on the ground floor of his house, there are two rooms, one in northern side and the other on adjacent southern