DRCA seeking eviction of the tenant
on the bonafide need of the landlord; it is not a petition seeking eviction
of the tenant ... from the aforenoted first objection it has been
argued that the bonafide need as depicted in the eviction petition does
not spell out the reason
2011 Page 5 of 15
herself and her dependants; where the bonafide need
is for the family members and dependants the
procedure contained in Section ... learned counsel for the
petitioner is that there is no bonafide need of the
petitioner; the petitioner has not disclosed the place
from where
landlord in his eviction
petition. Third submission is that the bonafide need advanced by
the landlord had not been established.
4. The petitioner ... business which destroys his
bonafide need; in these circumstances, the need of the landlord
cannot be qualified as a bonafide need is an argument which
square feet. The present premises are accordingly required for
the bonafide need of his son who is dependent upon his father for his need ... required bonafide by the petitioner. The petitioner is aged 75
years of age and his elder son for whom this bonafide need has been
disclosed
DRCA. Grounds
pleaded in the eviction petition even otherwise show the bonafide need
is the need of the petitioner who had initially started this business ... need of the petitioner cannot be considered
as his personal and bonafide need for the premises. Even assuming that
the need of the company (which
only from a part portion of the first floor; for his bonafide need, an
eviction petition under Section 14(1)(e) of the DRCA ... 2011 Page 2 of 10
of his guest house; his bonafide need has been established.
4 The application for leave to defend filed
bonafide need and what is not; it is for the tenant to
discharge the onus that the need of the landlord is not bonafide ... that the sale of two shops by the
petitioner destroys her bonafide need has no basis; bonafide need
is a changing need; the petitioner
DRCA has
become infructuous carries no weight. The bonafide need of the landlord
has to be examined as on the date of institution ... need to set up her residence on the ground floor of
her house in her sunset years. Her need is a bonafide and a genuine
sham and created documents;
this was only to build up a bonafide need which was actually not bonafide.
Additional submission was that there is alternate ... need of the landlord and whether it is a
deliberately created and a projected need and is in fact not bonafide/genuine.
In this context
retransfer of the same in favour of the present petitioner. The bonafide
need of the landlord has also been explained in the eviction petition ... bonafide need being to the effect that the family of the petitioner
RCR No.417/2011 Page 2 of 8
comprises of himself, his wife
