Shiv Sarup Gupta vs Dr. Mahesh Chand Gupta on 30 July, 1999
In Shiv Sarup
Gupta v. Dr. Mahesh Chand Gupta, [1999] 6 SCC 222 this Court has held that
a bona fide requirement must be an outcome of a sincere, honest desire in
contra-distinction 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 material on record the need to occupy the premises can be said to be
natural, real, sincere, honest? If the answer be in the positive the need
is bona fide. The concept of bona fide need or genuine requirement needs a
practical approach instructed by the realities of life. An approach either
too liberal or too conservative or pedantic must be guarded against. If the
landlord wishes to live with comfort in a house of his own, the law does
not command or compel him to squeeze himself and dwell into lesser premises
so as to protect the tenant's continued occupation in tenancy premises.