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1982 Supreme(Del) 243

T.P.S.CHAWLA
SAT PAL – Appellant
Versus
NAND KISHORE – Respondent


Advocates Appeared:
A.C.Mittal, K.S.SABARVAL, MAEHSVAR DAYAL, MUKUL ROHTAGI

( 51 ) IN clause (e) of the proviso to section 14 (1), the purpose of the Act is to weigh the respective needs of the landlord and the tenant, and resolve the conflict between them. It is only if the need of the landlord amounts to a bona fide requirement that the tenant is allowed to be evicted. The underlying idea is that the existing accommodation should be equitably distributed. Hence, if the need of the landlord is otherwise met, he cannot obtain an order for recovery of possession against the tenant. That is why the additional condition is stated in clause (e) that the landlord has no other reasonably suitable residential accommodation. Looking at the matter from the point of "view of the object sought to be attained by the Act, it cannot matter how the need of the landlord is met, provided only that it is, in fact, met.

( 52 ) THE question whether a landlord's need for accommodation is met is essentially a question of fact to be decided having regard to all the circumstances of a given case. I think, the true test is whether, on an overall and reasonable view, it can be said, that the landlord has suitable accommodation available for his use. In deciding this question one sh













































































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