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1 - 10 of 20 (4.16 seconds)Deena Nath vs Pooran Lal on 11 July, 2001
In Regy V. Edthil v. Hubert Leslie D'Cruz [2016 (2)
KLJ 164] a Division Bench of this Court relied on the decision of
the Apex Court in Deena Nath v. Pooran Lal [(2001) 5 SCC
705], wherein the Apex Court held that, in order to order eviction
on the ground of bona fide need of the landlord, the statutory
requirement is that there must be an actual pressing need, not a
mere whim or fanciful desire; it must be in praesenti and also the
landlord must not be in possession of any other reasonably
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R.C.REV.No.74 OF 2024
suitable accommodation of his own in the town or city concerned.
In the said decision, the Division Bench relied on the decision of
the Apex Court in Shiv Sarup Gupta [(1999) 6 SCC 222],
wherein it was held that, the term 'bona fide' or 'genuinely' refers
to a state of mind. Requirement is not a mere desire. The phrase
'required bona fide' is suggestive of Legislative intent is an
outcome of a sincere and honest desire, in contra distinction with
a mere desire, by the Rent Control Legislation.
Kunhikkalanthantakath Abdul Salam vs J. Sebastian on 2 April, 2013
In Abdul Salam v. Sebastian [2013 (4) KLT 592],
a Division Bench of this Court held that, even though in the
decisions of the Apex Court and this Court, it has been held that,
in revisional jurisdiction there cannot be a re-appreciation of
evidence in order to come to a different conclusion on the same
set of facts, it has been held in those decisions itself that, if the
view taken is perverse and the statutory scheme has not been
kept in mind and if it requires correction, then Court can re-
appreciate the evidence. When the argument is that, the approach
made by the authorities are perverse, it cannot be said that this
Court cannot look into the pleadings and scan through the
evidence to find out whether the conclusions have been arrived at
properly on the pleadings and evidence.
Section 18 in The Kerala Buildings (Lease and Rent control) Act, 1965 [Entire Act]
Section 25 in The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 [Entire Act]
Section 25 in The Kerala Buildings (Lease and Rent control) Act, 1965 [Entire Act]
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
Adil Jamshed Frenchman (D) By Lrs vs Sardar Dastur Schools Trust & Ors on 14 February, 2005
In Adil Jamshed Frenchman v. Sardur Dastur
Schools Trust [(2005) 2 SCC 476] the Apex Court reiterated
that, as laid down in Shiv Samp Gupta v. Dr. Mahesh Chand
Gupta [(1999) 6 SCC 222] a bona fide requirement must be an
outcome of a sincere and honest desire in contradistinction with a
mere pretext for evicting the tenant on the part of the landlord
claiming to occupy the premises for himself or for any member of
the family which would entitle the landlord to seek ejectment of
the tenant. The question to be asked by a judge of facts by placing
himself in the place of the landlord is whether in the given facts
proved by the material on record the need to occupy the premises
can be said to be natural, real, sincere and honest. The concept of
bona fide need or genuine requirement needs a practical approach
instructed by the realities of life.
Shiv Sarup Gupta vs Dr. Mahesh Chand Gupta on 30 July, 1999
In Adil Jamshed Frenchman v. Sardur Dastur
Schools Trust [(2005) 2 SCC 476] the Apex Court reiterated
that, as laid down in Shiv Samp Gupta v. Dr. Mahesh Chand
Gupta [(1999) 6 SCC 222] a bona fide requirement must be an
outcome of a sincere and honest desire in contradistinction with a
mere pretext for evicting the tenant on the part of the landlord
claiming to occupy the premises for himself or for any member of
the family which would entitle the landlord to seek ejectment of
the tenant. The question to be asked by a judge of facts by placing
himself in the place of the landlord is whether in the given facts
proved by the material on record the need to occupy the premises
can be said to be natural, real, sincere and honest. The concept of
bona fide need or genuine requirement needs a practical approach
instructed by the realities of life.