tenant, however, contended that there was no need, much less, a bona
fide need since the landlord had other shops lying vacant and could ... stating the
reason for eviction of the tenant arises from a bona fide requirement of the
landlord or his dependent. Such being the circumstances
namely:-
(e) That the premises let for residential purpose are
required bona fide by the landlord for occupation as a
residence for himself ... there is a plethora of
cases to show which illustrate bona fide requirement. The Supreme
Court in Shiv Sarup Gupta v Mahesh Chand Gupta
2013 Page 1 of 10
premises‟) citing the ground of bona fide requirement. It was
submitted that his father was the owner of the tenanted ... present business; that the requirement of the tenanted
premises is bona fide and urgent.
4. An application for leave to defend was filed
meet their expenses,
hence his need for the tenanted premises is bona fide.
IMPUGNED ORDER
5. Before the Trial Court the learned counsel ... landlord did not have a requirement which could be
classified as bona fide as mandated under section 14(1)(e) of the
Act; the landlord
sought
eviction of the petitioners from the tenanted premises for bona
fide need under Section 14(1)(e) of the Act.
Impugned order ... three issues arose
for consideration before the learned ARC, namely ownership,
bona fide need and availability of reasonably suitable
accommodation.
7. Apropos the issue
tenanted premises, (ii) purpose of letting, (iii) alternative accommodation,
(iv) bona fide requirement of the landlord.
8. The issue of ownership was decided in favour ... decided in
favour of the landlord.
10. With respect to bona fide need, learned ARC noted that landlord was
not doing any business and wanted
been sought of all three shops because there
was a bona fide requirement for the entire accommodation. It was
claimed that no customer can have ... because of the insufficiency of the
accommodation and the property was bona fidely required by the
petitioner and her family. It was further submitted that
ground of alleged subletting but there is
no mention of bona fide requirement; that on another occasion the
landlord had proposed to sell the premises ... eviction
petition or to cast a doubt on the bona fide requirement of the landlord
when the petition was filed. The issue of the agreement
that portion had the maximum footfalls; he
required the tenanted premises bona fide for himself and his
family members (including his wife, who would assist ... landlord; that if the landlord
or his mother had any bona fide need, then they would not
have closed down the said business and lease
tenanted
premises being best suited for the requirement is bona fide or
not. The Trial Court was of the view that the tenanted premises ... setting up their business and such a
requirement is a bona fide one. The Trial Court recorded that
the right of the landlord for possession
