Badrinarayan Chunilal Bhutada vs Govindram Ramgopal Mundada on 15 January, 2003
12. The Hon'ble Supreme Court has in the case of
Badrinarayan Chunilal Bhutada (supra) held that when a suit
for eviction on the ground of bona fide need is filed by
landlord the tenant must establish by leading evidence that
attempts were made by him to find out other alternate
accommodation either by way of sale or on rent and unless the
tenant proves the same, it must be held that burden of proving
the issue of comparative hardship is not discharged by the
tenant. This Court has also held that the issue of comparative
hardship cannot be answered in favour of the tenant in the
absence of any attempt on his part to look for alternate
accommodation.