JUDGMENT : These petitions were heard together, as the question of law and of fact raised in all of them was a common one.

2. The petitions arise out of the proceedings before the Rent Controller filed by the landlord in each case that the required the premises bona fide for the purpose of immediate demolition and reconstruction under S. 14(1)(b) of the Madras Buildings (Lease and Kent Control) Act, 1960. The tenants contended in all these petitions that the application of the landlord was not a bona fide one, that the condition of the building was good and that the landlord was making use of the provisions in the Act for getting enhanced rent. The finding of the Rent Controller as well as of the appellate authority in all these cases was that the building in question in each of the applications was very old, that the landlord had ample resources to invest in the new building proposed to be constructed after demolition and that the application was bona fide. The tenant in each of the applications has therefore come to this court in revision.

3. The question that arises for consideration is whether it is necessary for the landlord to prove that the building is in a dangerous or dilapidated condition and that the immediate purpose is demolition of the building for the purpose of reconstruction. The words used in S. 14(1)(b) of the Act are "bona fide" required for the immediate purpose of demolishing and such a demolition is to be made for the purpose of erecting a new building. Now, what is the interpretation to be given for the words "bona fide required for the immediate purpose of demolishing ?"

4. In almost all the Rent Control Acts in the various States, provision has been made for the landlord to claim eviction of the tenant, on the ground of demolition and reconstruction of the building. The words "immediate purpose of demolishing" are used only in the Madras Buildings (Lease and Rent Control) Act, 1960 and the Bombay Rent Control Act, But in the Rent Control Acts in the other States, the words used are "reasonably required by the landlord either for the purpose of building or rebuilding", or "bona fide required by the landlord for the purpose of building or rebuilding . . . " or "requires the premises in order to carry out any building work" or "for the re-erection of the building or for its replacement by another building" of ''the building is proposed to be reconstructed''. It is often contended by the tenants in all these applications, that the application of the landlord is not a bona fide one, that the building is not in such a condition that its immediate purpose is demolition and that the landlord, with a view to harass the tenant, is making use of the provision to drive away the tenant, though the building is in good condition. Now, in such cases, is it necessary for the courts to consider the condition of the building ?

Under the Bombay Rent Control Act, when the landlord wants the building for the purpose of demolition and reconstruction, he should obtain a certificate from the Tribunal constituted under the Act. The State Government has constituted a Tribunal consisting of the House Commissioner of Bombay for the City of Bombay, and the Executive Engineer of the Road and Buildings Division within whose jurisdiction the area is concerned. The Tribunal's proceedings would be governed by rules framed by the State Government. The Tribunal may grant a certificate after being satisfied that the plans and estimates of the new building have been properly prepared, that the necessary funds for the purpose of erection of the new building are available with the landlord and such other conditions as the State Government may by a general or special order specify. It is only after obtaining the necessary certificate from the Tribunal that the landlord can apply to the Rent Controller that he requires the building reasonably and bona fide for the immediate purpose of demolishing the same and for erecting a new building and that t

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