In the judgment of Hon'ble Supreme Court in case titled
as Raghunath G. Panhale (dead) through L.Rs. Vs. Chagan
Lal Sundarji & Co. (1999) 8 SCC 1 wherein it was held that:-
(iii) Similarly, in Raghunath G. Panhale Vs. Chaganlal Sundarji &
E77276/16 Mohd. Ismail Vs. M/s Ruby Engineering Works 14/18
Co., (1999) 8 SCC 1 it was held that the word "reasonable" connotes that the
requirement or the need is not fanciful or unreasonable but need not also be a
"compelling" or "absolute" or "dire necessity". A reasonable and bonafide
requirement was held to be something in between a mere desire or wish on
the one hand and a compelling or dire or absolute necessity on the other
hand.
In the judgment of Hon'ble Supreme Court in case titled as
Raghunath G. Panhale (dead) through L.Rs. Vs. Chagan Lal
Sundarji & Co. (1999) 8 SCC 1 wherein it was held that:-
In the judgment of Hon'ble Supreme Court in case titled
as Raghunath G. Panhale (dead) through L.Rs. Vs. Chagan
Lal Sundarji & Co. (1999) 8 SCC 1 wherein it was held that:-
In the judgment of Hon'ble Supreme Court in case titled
as Raghunath G. Panhale (dead) through L.Rs. Vs. Chagan
Lal Sundarji & Co. (1999) 8 SCC 1 wherein it was held that:-
In the judgment of Hon'ble Supreme Court in case titled
as Raghunath G. Panhale (dead) through L.Rs. Vs. Chagan
Lal Sundarji & Co. (1999) 8 SCC 1 wherein it was held that:-
(3) Similarly, in Raghunath G. Panhale Vs. Chaganlal Sundarji &
Co., (1999) 8 SCC 1 it was held that the word "reasonable" connotes that the
requirement or the need is not fanciful or unreasonable but need not also be a
"compelling" or "absolute" or "dire necessity". A reasonable and bonafide
requirement was held to be something in between a mere desire or wish on
the one hand and a compelling or dire or absolute necessity on the other
E78924/16 17/20
hand.
21. Moreover, bona fidé requirement under the DRC Act does not
imply a situation of 'dire' or 'distressed' necessity. Reference in this
regard may made to the decision of the Supreme Court in Raghunath
G. Panhale (Dead) by LRs vs. Chaganlal Sundarji & Co.6 Consider a
scenario where a landlord's dependant is not in dire straits and may
even be in a position to purchase or rent premises, whether for
residential or commercial purposes, from her own resources.
However, a landlord may have suitable premises available for
residential or commercial purposes; and may wish to give that
premises to the dependant, so as to obviate the need for the dependant
to spend her resources to purchase or rent other premises. The
landlord may not want the dependant to needlessly deploy her own
6
(1999) 8 SCC 1 : paras 6,11
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RC. REV 349/2018 page 25 of 31
resources to buy or rent premises from a third-party, while leaving the
landlord's premises in the use of an incumbent tenant. In the opinion
of this court, even this kind of requirement would fall within the
concept of bona fidé requirement of the landlord or a family member
dependant on the landlord; and a tenant cannot contend that while the
tenant should continue to enjoy the landlord's premises, the landlord's
dependant should acquire her own premises through other resources.
Any other view would mean that while deciding bona fidé
requirement of a landlord for a dependant, the independent resources
of the dependant would also have to be considered in detail before
accepting the plea of bona fidé requirement.
In the judgment of Hon'ble Supreme Court in case titled as
Raghunath G. Panhale (dead) through L.Rs. Vs. Chagan Lal
Sundarji & Co. (1999) 8 SCC 1 wherein it was held that:-