plaintiffs are in bona fide need of the tenanted premises and comparative hardship. Findings on both the points namely bona fide need and comparative hardship ... need of son for business was established by the respondents-plaintiffs. Comparative hardship was also found to be in favour of the respondents-plaintiffs
appeal Court has also
misconstrued the scope of the expression 'comparative hardships'.
He submits that the mere circumstance that the tenant will have ... their business. In these circumstances, he
submits that the issue of comparative hardship was quite rightly
decided in favour of the tenants by the appeal
effort to search for an alternative accommodation accordingly the scale of comparative hardship tilted in favour of the landlord. The appellate court affirmed the release ... courts below. (iii) That the courts below have failed to consider comparative hardship in proper perspective by observing that the tenants had not disclosed that
further provided that fresh finding on bona fide need and comparative hardship should be returned by the appellate authority without being influenced ... Pilibhit was found genuine and bonafide. On the question of comparative hardship, the court came to the conclusion that the tenant was aged 82 years
appeal Court has also
misconstrued the scope of the expression 'comparative hardships'.
He submits that the mere circumstance that the tenant will have ... their business. In these circumstances, he
submits that the issue of comparative hardship was quite rightly
decided in favour of the tenants by the appeal
Prescribed Authority as well as Appellate Authority on
bonafide need and comparative hardship are against the
evidence on record and are not in accordance with ... need of her son. Prescribed Authority has also appropriately
discussed that comparative hardship is more in favour of the
landlady, if the shop in question
bonafide, the Prescribed
Authority is required to proceed to consider the
comparative hardship of the parties. Unless it is found that
the need ... landlord is bonafide, there is no occasion to
consider the comparative hardship. In this case although
the Prescribed Authority has discussed in detail the
evidence
bonafide, the Prescribed
Authority is required to proceed to consider the
comparative hardship of the parties. Unless it is found that
the need ... landlord is bonafide, there is no occasion to
consider the comparative hardship. In this case although
the Prescribed Authority has discussed in detail the
evidence
bonafide, the Prescribed
Authority is required to proceed to consider the
comparative hardship of the parties. Unless it is found that
the need ... landlord is bonafide, there is no occasion to
consider the comparative hardship. In this case although
the Prescribed Authority has discussed in detail the
evidence
burden of establishing
reasonable and bona fide requirement as also comparative
hardship is always on the landlord. He submits that such burden
was never discharged ... acquire similar premises in the similar locality.
Accordingly, the issue of comparative hardship is required to be
answered in favour of the respondent tenant
