1980 Supreme(AP) 52

Andhra Pradesh High Court
Judges : SEETHARAM REDDY
Deccan Wine and General Stores - Appellant
Versus
A. Eswarajah - Respondent
C. R. P. No. 7764/79
Decided On : 02-27-80
.

Headnote:A P Buildings (Lease, Rent and Eviction )Control Act, 1960 Section 10(a) (iii) (b)—Scope of—Bonafide requirement Burden of proof lies on landlord

       Held: Merely letting the wish known about the proposed commencement of business is not adequate Whether that expression of desire or wish is bonafide or not, has to be gathered from certain positive evidence ‘Bonafide requirement’ signifies that mere desire on the part of the landlord is not enough; there should be an element of need, and the landlord must show the burden being upon him that he genuinely requires the accommodation for the purpose of the business which he proposes to commence

       In the instant case, it is quite manifest that the bonafide requirement of the premises in question for the reasonable needs of the landlords has not been established Infact, the ground of bonafide requirement has been adopted as a lever with the oblique motive of realizing an extraneous purpose and devised to get the tenants evicted from the premises in question

       C R P Allowed