In order to reach this conclusion the appellate authority has placed reliance on the judgment of this Court titled Dr. Hukam Chand Dhawan v. State of Punjab (1997-2)116 P.L.R. 484.
This view has been
followed consistently by this Court in a number of cases i.e. United
Commercial Bank and Another (supra), Rajinder Singh (supra), Ram Pal
(supra) and Dr. Hukam Chand Dhawan (supra). However, the argument
raised by learned counsel for the petitioner that the shops in dispute could
not have been got vacated for a non-residential purpose since they were
residential in nature is devoid of merit. None of the judgments relied upon
by learned counsel for the petitioner and which have been referred to above
lay down any such thing. In none of the cases, the issue raised before the
Courts was the one which is being raised by learned counsel for the
petitioner. The reliance upon the said judgments is, therefore, not of any
aid to the petitioner.
12. Sequelly, it is now well settled proposition of law that the
landlord is best judge in regard to his bonafide need. If he considers
Civil Revision No.3064 of 2007 6
that the existing accommodation is insufficient and he required better
and more accommodation, such need has to be seen from the angle
of the landlord and not from the view point of the tenant and opinion
of the tenant cannot be imported in it. Reliance in this connection can
be placed on the judgment of this Court in Dr.Hukam Chand Dhawan
Vs. State of Punjab 1997 (1) RCR 652 and M/s Bajaj Associates and
others Vs. Vinod Kumar and others (2009-1) PLR 443.
Above all, it is now well settled proposition of law that the
landlord is best judge in regard to his bonafide need.If she considers
that the existing accommodation is insufficient and she required
Civil Revision No.2177 of 2008 14
better and more accommodation, such need has to be seen from the
angle of the landlady and not from the view point of the tenant. The
opinion of the tenant cannot be imported in it. Reliance in this
connection can be placed on the judgments of this Court in
Dr.Hukam Chand Dhawan Vs. State of Punjab 1997 (1) RCR 652
and M/s Bajaj Associates and others Vs. Vinod Kumar and others
(2009-1) PLR 443.