Shiv Sarup Gupta vs Dr. Mahesh Chand Gupta on 30 July, 1999
In Shiv Sarup Gupta Vs. Dr.
Mahesh Chand Gupta (1999) 6 SCC 222, this Court has held
that a bona fide requirement must be an outcome of a sincere
and 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
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.