R.R.YADAV, J. - (1.) INSTANT second appeal has been filed against the judgment and decree dated 3.11.92 passed by the learned Additional Civil Judge, No. 4, Jodhpur in Civil Appeal No. 31 of 1990 whereby the judgment and decree dated 23.12.1982 passed by the learned Additional Munsif and Judicial Magistrate, No. 1, Jodhpur in Civil Original Suit No. 15 of 1982 was modified.
(2.) HEARD . Perused the judgment and modified decree passed by the learned lower appellate court.
(3.) FROM perusal of the mandatory provisions envisaged under Sub-sec. (2) of Section 14 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, it is evident that no decree for eviction on the ground set-forth in clause (h) of Sub-sec. (1) of Section 13 can be passed unless the Court addressed itself as to whether the plaintiff's need would be substantially satisfied by evicting the tenant from only a part of the premises.;