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A requirement that is bona fide in nature and not tainted with any oblique motive and is not a wish or desire is a valid requirement in the court of law: Delhi High Court

It is manifest that the requirement spelt out by the respondents/landlord is a bona fide requirement. It is an honest requirement and not tainted with any oblique motive and is not a mere wish or desire. Recently the Delhi High Court, in the matter of Bhawani Sankar v. Nand Lal & Ors. [RC. REV. 146/2020 & CM APPL. 10916/2020 & 13409/2021], the above opinion was given by the court. The proceedings were presided by a single judge bench of Justice Jayant Nath on September 07th, 2021.

The facts of the case are as follows. The respondents are the co-owners / landlord of the said shop for the purposes of manufacturing of sweets and for extension of the counter of their shop. It is stated that respondents are running their business of selling sweets and catering by the name and style of M/s Chaina Ram which is very famous in the area of the walled city. The said business is at a stone throwing distance from the premises which is subject matter of this petition, it is further stated that sweets and other eatable items are being manufactured on the upper floors of such property. All such manufacturing was subjected to the upper floor of the said property. However, to the same, the respondents denied the allegation that such manufacturing was being by M/s Chaina Ram.

The petitioners contended that the alleged bona fide needs of the respondents/landlord are not continuous and they allegedly require additional accommodation only in festival season. Hence, for a short period requirement of the respondent/landlord present eviction petition is not maintainable.

In the proceedings, many cases like Shiv Sarup Gupta vs. Dr.Mahesh Chand Gupta, [(1999) 6 SCC 222], G.C. Kapoor Vs. Nand Kumar Bhasin, (AIR 2002 SC 200), Prativa Devi (Smt.) v. T.V. Krishnan, [(1996) 5 SCC 353], were cited.

The court, in its judgment, held that “in the present case, it is manifest that the requirement spelt out by the respondents/landlord is a bona fide requirement. It is an honest requirement and not tainted with any oblique motive and is not a mere wish or desire. The petitioner has made bald averments stating that five properties are available with the respondents/landlord but has failed to give details in regard to them whatsoever.

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