Nov - High Court of Judicature at Allahabad
Nov - High Court of Judicature at Allahabad
Nov - High Court of Judicature at Allahabad
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3 All] Dr. R.C. Agrawal and another V. Bhar<strong>at</strong> Press and others 1093<br />
the landlord belonged to a higher str<strong>at</strong>a<br />
<strong>of</strong> society, it did not mean th<strong>at</strong> all<br />
throughout his life after retirement,<br />
M<strong>at</strong>loob Ahmad, husband <strong>of</strong> applicant<br />
No. 6 should not do any work. If he<br />
wanted to get himself engaged in doing<br />
some business. It could not be held th<strong>at</strong><br />
he would not be entitled to possession <strong>of</strong><br />
property for doing business since he<br />
was rich and even without doing any<br />
business, he could maintain himself. A<br />
finding as to bonafide requirement for<br />
doing ready made business by M<strong>at</strong>loob<br />
Ahmad has been expressly recorded by<br />
the Appell<strong>at</strong>e Authority. The said<br />
finding was a finding <strong>of</strong> fact. Neither it<br />
could have been interfered with, nor it<br />
has been set aside by the writ <strong>Court</strong>. In<br />
view <strong>of</strong> the above position, the <strong>High</strong><br />
<strong>Court</strong> was wrong in allowing the writ<br />
petition."<br />
15. Ragavendra Kumar Vs. Firm<br />
Prem Machinery and Company, (2000)<br />
1 SCC, 679, 2000 SCFBRC, 24, is<br />
another authority for the proposition<br />
th<strong>at</strong> the landlord is the best judge <strong>of</strong> his<br />
own requirement for residential or<br />
commercial purpose and has complete<br />
freedom in the m<strong>at</strong>ter. In this authority<br />
the Apex <strong>Court</strong> has relied upon its<br />
earlier judgment in Pr<strong>at</strong>iva Devi Vs.<br />
T.V. Krishnan, (1996) 5 SCC, 353.<br />
16. In Joginder Pal Vs. Naval<br />
Kishore Behal, (2002) 5 SCC, 397 :<br />
2002 SCFBRC 388, the Apex <strong>Court</strong><br />
with a reference to the provisions <strong>of</strong><br />
East Punjab Urban Rent Restriction Act,<br />
on the question <strong>of</strong> bonafide need, after<br />
surveying its earlier pronouncements,<br />
has held th<strong>at</strong> the requirement <strong>of</strong> a major<br />
son and a coparcener in a joint Hindu<br />
family intending to start a business is<br />
the requirement <strong>of</strong> the landlord himself<br />
as was held in B. Balaiah Vs. Chandoor<br />
Lachaiah, AIR 1965 AP 435. The<br />
words "for his own use" must receive a<br />
wide, liberal and useful meaning r<strong>at</strong>her<br />
than a strict or narrow construction. It<br />
has been further held th<strong>at</strong> while casting<br />
its judicial verdict, the <strong>Court</strong> shall adopt<br />
a practical and meaningful approach<br />
guided by the realities <strong>of</strong> life.<br />
17. In Mst. Bega Begum and<br />
others Vs. Abdul Ahad Khan and<br />
others, (1979) 1 SCC 273: 1986<br />
SCFBRC 346, it has been held th<strong>at</strong> rent<br />
control laws must be construed<br />
reasonably. They should be interpreted<br />
in such a way as to achieve the object <strong>of</strong><br />
enabling landlord to evict tenant where<br />
the st<strong>at</strong>ute grants such right in favour <strong>of</strong><br />
landlord.<br />
18. It has been held by the Apex<br />
<strong>Court</strong> in the case <strong>of</strong> Akhileshwar<br />
Kumar and others Vs. Mustaqim and<br />
others, JT 2002 (10) SC 203 : 2003<br />
SCFBRC 137, th<strong>at</strong> landlord has the<br />
right <strong>of</strong> choosing the accommod<strong>at</strong>ion<br />
which would be reasonable to s<strong>at</strong>isfy his<br />
requirements. In Sarla Ahuja Vs.<br />
United India Insurance Co. Ltd.<br />
(supra) it has been held by the Apex<br />
<strong>Court</strong> th<strong>at</strong> the fact th<strong>at</strong> landlady was in<br />
possession <strong>of</strong> another fl<strong>at</strong> in another city<br />
is not a ground to disentitle her to seek<br />
recovery <strong>of</strong> possession <strong>of</strong> tenanted<br />
premises.<br />
19. The Apex <strong>Court</strong> in Shakuntala<br />
Bai and others Vs. Narayan Das and<br />
others, JT 2004 (Suppl. 1) SC 538 :<br />
2004 SCFBRC 338, has held th<strong>at</strong> there<br />
is no warrant for interpreting a Rent<br />
Control legisl<strong>at</strong>ion in such a manner.<br />
The basic object <strong>of</strong> which is to save<br />
harassment <strong>of</strong> tenants from