The interpretation of the provisions of Section 14(2) of the Rajasthan Premises (Control of Rent and Eviction) Act 1950 regarding reasonable and bonafide necessity and the possibility of partial eviction.

1. - Heard learned counsel for the parties.

2. The learned counsel for the appellants contends that this was a suit for ejectment of the appellants-tenants on ground of reasonable and bonafide necessity at the suit premises by the plaintiff landlord. He contends that the Courts below did not consider the mandatory provisions of Section 14(2) of the Rajasthan Premises (Control of Rent and Eviction) Act 1950 regarding the possibility of partial eviction of the appellant. No other question of law is involved in the case. It has concurrently been found by the Courts below that the demised premises were reasonably and bonafide required by the respondent for the use and occupation of himself and his family members. It has also been found that the comparative hardship to the plaintiff-respondent will be greater than the appellants in case the decree for ejectment is refused. As to the non-giving of any findings regarding the possibility of partial eviction suffice it to state that the demised premises consist of two rooms a kitchen latrine and bathroom. Family of the landlord consists of five members including three studying sons aged 20, 18 and 16 years. How can one possibly imagine of any possibility of partial eviction where the demised premises consist of only two rooms apart from kitchen latrine and (illegible) appellants in the written statement that partial eviction was possible. In such circumstances even the non-giving of any findings by the courts below does not- affect the decision because the things are so very apparent that partial eviction is not possible.

3. This second appeal has no merit and is hereby dismissed in limine. The learned counsel for the parties agree that three months time may be granted to the appellants to vacate the demised premises. Accordingly three months' time is granted to the appellants to vacate the demised premises subject to the condition that he would pay to the plaintiff-respondent or deposit in Court the arrears of rent which are due upto date against them within one month and will further deposit the monthly rent during this period of three months by the 15th of the next following month. The parties are left to bear their own costs.Appeal dismissed.

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