5000 per month. As per the defendant, the plaintiff
has no bonafide need as has been claimed but the premises has to be
leased ... vacant land which can be used
by them to fulfill their bonafide need and as such, he has denied the
need of the plaintiff
error of law to dismiss the appeal on the finding of bonafide need of the son of the landlady whereas in the release application ... landlady has set up her bonafide need for the disputed shop.
FACTS:
3. Briefly stated facts of the present case are that it is admitted
House No.2481
(suit premises) from the Applicant. Plaintiff pleaded his bonafide
need in resepct of the suit premises. He also pleaded that he intended ... holding that the
Plaintiff requires the suit premises for his bonafide need and that
greater hardship would be caused to the Plaintiff by refusing
that the tenants kept rent
in arrears and also the respondents bonafide needed vacant
possession of the rooms to fulfill the requirement of two partners ... bonafide".
It has been well settled by pronouncements that a mere desire or wish
evinced by a landlord would not amount to bonafide need
such bonafide necessity of
the landlord. It is true that mere whims and desires of the
landlord cannot amount to such bonafide need ... whims and desire only and need should be
bonafide, at the same time, bonafide need
need not be absolute, compelling and dire
need which
Rasul, against the concurrent decree of eviction
on the ground of bonafide need of the landord.
2. The petitioners, Smt. Raisa D/o Mohammad Ismail ... lack of bonafides or reasons to disbelieve
such a contention of the plaintiff. The findings regarding
bonafide need of the landlord are findings of facts
hereinafter referred to as, the Act, 1972) showing his bonafide need for running a business of kirana Store as he is facing hardship being unemployed ... Late Ram Chander Jaswani in which the personal bonafide need has been mentioned that now the son and grandson of Late Ram Chander Jaswani wants
suit for eviction of the petitioners on the ground of
bonafide need. The petitioners were inducted as tenants in ground
floor shop admeasuring ... extent of need of the landlord, even if such need is found to
be reasonable and bonafide. On this basis, it was submitted that when
subletting, on
the ground under Section 16(1)(g) pertaining to bonafide
need and under Section 16(1)(n) pertaining to the premises
not having ... need is concerned, the
landlord is the best judge of his need and he is entitled to take
possession of his premises for bonafide need
about 60 kilometre away from Kanpur Nagar and there is bonafide need of the disputed shop for the purposes of business to be carried ... occupation of the respondent-plaintiff and thus, there is no bonafide need. The petitioner-defendant raised other points also objecting the bonafide need
