R.V.E. Venkatachala Gounder vs Venkatesha Gupta & Ors on 9 April, 2002
In R.V.E.
Venkatachala Gounder (supra) this Court has held that apart from the
age and condition of the building the capacity of the landlord to
demolish and reconstruct, the useful utilization of the property which
would on demolition and reconstruction make available more space to
be occupied by human beings for residential/non-residential purposes
and the genuine desire of the landlord to earn economic advantage are
relevant factors pointing to the bona fides of the requirement. In the
present case it has been found that the building is an old construction
requiring demolition and reconstruction. Out of the total area of the
property only a part is built up and substantial portion is lying open
and vacant. There is pressure of population on the developing city
and several multi-storey complexes have come up in the vicinity of
the property. There is nothing to cast a shadow of doubt on the bona
fides of the landlords pleading an immediate need for demolition
followed by reconstruction. No fault can be found with the finding of
fact arrived at by the High Court.