The central legal point established in the judgment is the interpretation and application of the bona fide requirement for eviction under Section 23-A(b) of the M.P. Accommodation Control Act.

Fakhruddin, J.

1. This revision is directed against the order dated 15-6-2001 passed by the Rent Controlling Authority, Raipur.

2. The facts in brief are that the respondent widow filed a petition for eviction of the present applicant from the suit premises under Section 23-A (b) of the M.P. Accommodation Control Act on the ground that she is under the special category being a widow as her husband had died in March, 1989, that she has become handicapped and further that she has two sons namely Manoj and Manish and as such it was contended that the accommodation which is a non-residential one is bona fide required for carrying on business.

3. The defendant/present applicant denied the need and contended that there was no bona fide requirement. During the pendency of the petition and application for grant of leave to defend was filed. The said application was allowed.

4. Learned counsel for the applicant contended that the order passed by the Rent Controlling Authority is illegal and contrary to law.

5. On the other hand, learned counsel for the landlady supported the order.

6. It is useful to consider the evidence as well since the order has been assailed.

7. The plaintiff landlady examined herself A.W. 1, Manoj as A.W. 2, and Manish as A.W. 3. The landlady in her deposition has clearly stated about the need. It has come in evidence that second son Manish is in service. It has further come in evidence that she herself wants to start business. She became widow at the age of about 45 years, she has testified her need and her contention is that she has to live the life and for that livelihood is required, for which she has to carry business. A.W. 2 Manoj has also testified the need. In his deposition he has stated that her mother is living with his younger brother Manish. He further stated that her mother has filed the suit as she wants to carry on the business with Manish. A.W. 3 Manish has also testified the need. In his deposition he has stated that his mother wants to carry on the business of grocery with him on the suit shop in dispute.

8. The defendant tenant examined himself as N.A.W. 1, Kishore Sharma as N.A.W. 2 and Azim Khan as N.A.W. 3. They denied the bona fide need of the plaintiff. N.A.W. 1 Gopaldas in his deposition has stated that beside the shop in dispute there is one shop measuring 20' x 25'. There is a shutter in the said shop and in the said shop the landlady may start business. N.A.W. 2 Kishore Sharma in his deposition has supported the statement as aforesaid N.A.W. 1 Gopaldas. N.A.W. 3 Azim Khan in his deposition has stated that he knows the applicant and the non-applicant from the last 15 years. He has also supported the statements of Gopaldas and Kishore Sharma.

9. The learned Rent Controlling Authority discussed the matter in great detail, while appreciating the evidence and considering the documents filed with the petition i.e., death certificate of the husband of the landlady (Ex. P-1), certificate of handicapped (Ex. P-2) receipts of the rent of the premises (Exs. P-3 & P-5) and the legal notice (Ex. P-4) and the documents filed by the defendants i.e., photographs with negatives of the spot and has held that the landlady in her deposition clearly stated about the genuine need and in spite of searching cross-examination nothing has been brought to discredit her version. The learned Authority has further held that the defendant and his witnesses have not been able to demolish the version of the plaintiff.

10. The question relates to bona fide requirement. The Apex Court has considered the term "bona fide" in the case of Shiv Sarup Gupta v. Mahesh Chand Gupta, (1999) 6 SCC 222, and held as under :--

"......... the term bona fide or genuinely refers to a state of mind. Requirement is not a mere desire. The degree of intensity contemplated by "requires" is much more higher than in mere desire. The phrase "required bona fide" is suggestive of legislative intent that a mere desire which is the outcome of whim or fa