Honble YADAV, J. – 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 23.12.82 passed by the learned Additional Munsif and Judicial Magistrate, No. 1, Jodhpur in Civil Original Suit No. 15 of 1982 was modified. (2). Heard. (3). Perused the judgment and modified decree passed by the learned lower appellate court. (4). 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 plaintiffs need would be substantially satisfied by evicting the tenant from only a part of the premises. (5). It is to be imbibed further that the recording a finding about possibility of partial eviction is a condition precedent before passing a decree of eviction on the ground of reasonable and bonafide necessity of the landlord or his family members even if no issue is framed and even if parties are not at variance in their pleadings. (6). In the present case, it is true that the learned lower appellate court has addressed itself to the partial eviction of the tenant holding that the plaintiffs need would be substantially satisfied by evicting the tenant only from a part of the dispu- ted shop but the finding recorded by the learned lower appellate court on the question of partial eviction is not sustainable if it is examined in the light of the plan map showing the partition, addition and alteration in the house in question with which the disputed shop is attached. (7). Looking into the scale plan map of the disputed shop in existing ground floor and changes proposed in the ground floor, a reasonable man cannot arrive at a conclusion on which the learned lower appellate court has arrived. The existing ground floor map and proposed ground floor map of the shop in question cannot be reconciled by any stretch of imagination by length and breadth given by the learned lower appellate court. The existing ground floor map and proposed ground floor map of the shop in question cannot be reconciled by any stretch of imagination by length and breadth given by the learned lower appellate court. It is not understandable that how much breadth of the disputed shop is excluded in the proposed ground floor map. It is further noticed that in the existing ground floor beside the shop marked by letter `X five feets space is shown whereas in the proposed ground floor map only 3 feet 6 inches space is shown. To my mind, the feasibility of partial eviction on the basis of the materials available on record is not possible unless the learned lower appellate court appoints an Advocate Commissioner within the meaning of O. 26 R. 9, CPC to elucidate the matter in controversy with regard to partial eviction after local inspection. (8). In the light of the mandatory provisions postulated under sub-sec. (2) of Sec. 14 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 I consider it just and proper to set aside the finding recorded by the learned lower appellate court on the question of partial eviction and remand the case to it. In the present case, in the interest of justice, the following issue is remitted to the learned lower appellate court to try after taking additional evidence required to prove or dis-prove the same :– Whether reasonable and bona fide necessity of the plaintiff-landlord in the present case would be substantially satisfied by evicting the defendant-tenant from only a part of the premises in question? (9). Learned counsel for the appellants as well as learned counsel for the respondents are hereby directed to inform their clients to remain present before the learned lower appellate court on 17.2.97 on which date, learned lower appellate court would fix a specific date for adducing evidence by the parties on the aforesaid issue remitted by this Court including appointment of an Advocate Commissioner. The learned lower appellate court after giving opportunity of hearing on the aforesaid issue to both the parties is hereby directed to return the evidence recorded by it together with its finding thereon to this Court within four months from today. (10). Office is hereby directed to remit the records of both the courts-below forthwith to the court of learned lower appellate court. (10). Office is hereby directed to remit the records of both the courts-below forthwith to the court of learned lower appellate court. Put up this Second Appeal for final hearing after receipt of the finding on the aforesaid issue from the learned lower appellate court.