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Rajesh S/O Jagannath Helge vs Sau.Vimalaben W/O Mangalkumar Punjabi on 18 December, 2009 cites

Mrs. Meenal Eknath Kshirsagar vs M/S Traders & Agencies & Anr on 11 July, 1996

6. (1996) 5 SCC 344 (Meenal Eknath Kshirsagar (Mrs.) ..vs.. Traders and Agencies and anr.) All these decisions say that normally the desire of the landlord should be taken as genuine. However, none of the decisions says that the court must accept the case of the landlord even without pleadilngs and evidence. PW 1 Gulshan states about the bona fide in the following words.
Supreme Court of India Cites 5 - Cited by 156 - G T Nanavati - Full Document

Ragavendra Kumar vs Firm Prem Machinery And Co on 7 January, 2000

7. The learned counsel appearing for the ::: Downloaded on - 09/06/2013 15:26:43 ::: 21 landlord- respondent has relied on (2001) SCC 679, Ragavendra Kumar vs. Firm Prem Machinery and Co. in support of his submission and also in support of the reasoning given by the Court below. Whereby, after considering the bona fide need of the landlord-respondent, the Courts below has granted the decree of possession. The principles, as laid down need no discussion, but it can be crystallized as follows : (a) The landlord is the best Judge of his own requirement for residential or business purposes and has complete freedom in the matter. (b) Unless proved otherwise, the reasonable and bona fide need of the landlord, if supported by material evidence on the record, has to be respected. (c) Even if some premises owned by the said landlord is available, but occupied by other tenants, in such circumstances also, ownership of the landlord, specially when it is proved that the premises in question is needed at the relevant time of filing of the petition. (d) It is true that the bona fide need or genuine need of the landlord must not be a farce and/or a just cause to evict the tenant for other ulterior purpose. In the present case, as noted above, there is nothing on the record to suggest that the need of the landlord is not reasonable or bona fide or it is for any ulterior motive.
Supreme Court of India Cites 4 - Cited by 681 - Full Document
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