Rent Act –Bona-fide need – A minor variation in the statement cannot defeat the right of eviction available to the landlord under a statute – Landlords his two sons were earlier running a manufacturing unit of the footwear which has failed and now they wish to settle in the premises in question – The landlord could have filed a petition only for bonafide requirement of one son – Assuming that landlord while leading evidence has stated that requirement is only for one son even then it would not improve the case of the tenant.
Rent Act – Bona-fide need – Dependants – Landlord filed a petition with specific pleadings that earlier these sons referred to above were running a manufacturing unit of the footwear which has failed – Once the previous business of the sons have failed, obviously they are dependent upon their father.
Rent Act – Bona-fide need – Ingredients of availability of alternative shop or having not vacated such a building without sufficient cause, has not been pleaded with respect to the son for whom eviction is sought for – Plea that such requirements are statutory in nature and therefore, mandatory requirement to be pleaded – Tenant has to raise an objection at an appropriate place i.e. at the time of filing written statement enabling an opportunity to the landlord to amend the petition – Tenant cannot be permitted now to take the landlord by surprise – practice and procedure.
