Eviction–Decree passed by trial Court–Set aside by High Court on the ground that the question of partial eviction was not considered by both the Court below–Plaintiff land-lady old aged divorcee woman, residing in one room at the mercy of her brother–Suit was filed before 20 years–Concurrent
findings were recorded by the Courts below on the point of partial eviction–Further, the plea of partial eviction was not raised by the tenant before trial Court or first appellate Court–Held, High Court was not justified in setting aside the decree of eviction.
