PARSOTTAMDAS KHEMCHANDDAS PATEL Vs. SMT. PRABHUTA PANCHOLI
HIGH COURT OF GUJARAT
Parsottamdas Khemchanddas Patel
Smt. Prabhuta Pancholi
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(1.) The question of passing a decree in respect of a part of the premises falls for consideration under sub-section (2) of Section 13. Under the relevant provisions where the court is satisfied that no hardship would be caused either to the tenant or to the landlord by passing the decree in respect of a part of the premises, the court shall pass the decree in respect of such part only. The question of hardship would fall for consideration only if the case with regard to reasonable and bonafide requirement is established. Until that case is established, one does not reach the stage of considering the question of comparative hardship. In the instant case, as held above, the, reasonable and bonafide requirement having not been established,, the further question with regard to the passing of a partial decree cannot fall for consideration.
Rule discharged. ;
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