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Raghunath G. Panhale (Dead) By Lrs vs Chaganlal Sundarji And Co on 13 October, 1999

13.1 Thus it is not necessary that a person should be unemployed in order to show his bonafide or to first loose his existing job or resign or reach the level of starvation. Petitioner has placed on record the photocopy of the certificate issued by Manav Rachna University that her son is about to retire on his age of superannuation ie 2015. Thus the argument of Ld. counsel for respondent is misconceived and untenable. Joblessness is not a condition precedent for seeking to get back ones premises. There is no denial of the fact that the litigation in courts do take some time and this petition which was filed in 2012 has come up for orders in 2014 and that too in summary proceedings. Further the landlord does not has to prove that she has resources to start the business. It is irrelevant consideration as the question of having necessary fund to start the business is not at all necessary in view of the law laid down by Hon'ble Supreme Court of India in plethora of judgments.
Supreme Court of India Cites 15 - Cited by 149 - M J Rao - Full Document
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