permissive user by Petitioner No.2."
17. As regards the bonafide need, it was pleaded as under:
"Lately, there have developed differences ... share of
Petitioner No.2 and this validly constituted his bonafide need for the
tenanted premises. Reliance is placed on the judgments of Sita Nagpal
that the said transaction cannot be the basis to doubt the bonafide need set up by the landlord which was based on genuine apprehension, pursuant ... that need is to be challenged, onus is on the tenant to prove that the need as set up is not bonafide and is malafide
default on his part was not willful. It further held that bonafide
need of the landlady had not been proved. The appellate Court,
therefore ... bonafide requirement.
Considering the aforesaid facts, the view taken by the appellate
Court of holding against the landlady on the question of bonafide
need
landlord must set out his need for the premises in his
petition and establish that such a need is bonafide. The
need must be bonafide ... judge of his needs business needs or personal needs and
even courts cannot substitute their own opinion Therefore, only the
bonafideness or reasonableness
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
suit shop, therefore, it could not be said that
he had bonafide need of the suit shop in question.
3. In the appeal filed ... wisdom and opinion
for determining the bonafide and reasonable
need of the landlady. The need, bonafide and
reasonable both were fully established after a
detailed
than six months?
(iv) Whether the plaintiff is having personal and bonafide need of the premises for his registered office and working office?
(v) Whether ... their evidence were not able to prove that they were in bonafide need of the rented premises. It has also been contended that
disputed shop is in dilapidated condition and secondly, there is bonafide need of the plaintiff-landlord/respondent. The aforesaid P.A. case was allowed ... upheld the findings of the Prescribed Authority on the ground of bonafide need. In support the appellate court relied upon the judgments
ground of change of user submitted that the ground of bonafide need, can be borne out from the admitted position on the record ... submit and raise the contention on the said ground of bonafide need. The learned Counsel Mr. R.S. Apte, appearing for the Respondent
bonafide necessity is
different than the choice of place to run business. The
choice of place follows to reasonable and bonafide need,
therefore, the first ... must set out his/her need
for the premises and must establish that the need is
bonafide one. Under Section
