petition schedule building on the ground of arrears of rent, bonafide
need for her grandson and cessation of occupation of the building by
the tenant ... prayed for dismissal of the petition.
3. The person on whose bonafide need the petition schedule
building was sought to be evicted was examined
Control Court
(Munsiff Court, Perambra) seeking eviction on the ground of
bonafide need under Section 11(3) of the Act. The petition
schedule building ... 1993, for eviction on the ground of bonafide need.
His request was disallowed by the trial court, and he lost his
case in appeal also
building from the
possession of the respondent on the ground of bonafide
need under Section 11(3) of the Kerala Buildings (Lease and
Rent Control ... tell upon his bonafides and in such circumstances, he
is disentitled to evict the tenant on the ground of bonafide
need.
16. In the decision
rent in
arrears from June 2010 onwards and that she bonafide needs the
petition schedule building to start a business for the purpose of earning ... filing a counter statement wherein
after denying and disputing the bonafide need put forward by the
landlord, he claimed the protection of the second proviso
2007 on the ground of bonafide need, viz. for his son
to start a bio-technology unit, has been dismissed which stands confirmed ... Harish
submitted that both the authorities have found the bonafide need
overlooking the provisions under Section 15 of the Act, by relying upon the
observations
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
ground No.1 vis-a-vis the
bonafide need. It was stated that the need was rather
malafide for, both landlord and daughter ... section
3 of Section 11 for rejecting the plea of bonafide need. Except
for bald assertions there is no categoric or specific evidence
Rent Control) Act (for short 'the Act'), viz.
bonafide need. The need set up is on behalf ... need
projected is bonafide. As we have already noticed, the landlord belongs to
carpenters' family and therefore the bonafide need put forth, that also
respondent/landlady. The bonafide need pleaded is for starting a business
for the younger son of the landlady who is unemployed. It is for conducting ... books.
2. Both the authorities below have found that the bonafide need
pleaded is genuine and accordingly ordered eviction of the petitioners.
Learned counsel
tenants from the petition schedule shop rooms on
the grounds of bonafide need and usage of the same by the
tenant in a manner ... Control Court as
well as the Rent Control Appellate Authority on bonafide need
and the order of eviction passed under Section 11(3) , the tenant
