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2003 Supreme(P&H) 151

ADARSH KUMAR GOEL
Janak Dulari Khosla – Appellant
Versus
Jaswinder Singh – Respondent


Judgment

Adarsh Kumar Goel, J.

1. The petitioner landlady filed an application for eviction alleging that rented land in dispute was let out to Nagina Singh, predecessor of the respondents at an yearly rent of Rs. 150/- on 21.1.1956.

2. One of the grounds for eviction, which remains relevant for the purpose of this petition was the bonafide need for starting fire wood business by the petitioner landlady. It was alleged that she had not vacated any similar rented land in the urban area and had only one more plot, which was not suitable for the business of the petitioner.

3. The respondents contested the eviction petition and inter alia issue No. 2 was framed to the effect whether the applicant required the premises in question for her business needs.

4. The trial Court accepted the grounds for eviction put forward by the petitioner and ordered eviction. It was held that the need of the applicant was proved to be bona fide. On appeal by the tenant-respondents, the view of the trial Court was reversed. It was held that statement of the landlady and her witnesses was that she wanted to start fire wood business on the land was insufficient to prove her bonafide need. She had no backgroun





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