TaxTMI 
TaxTMI 
2001 (10) TMI 1157
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....it premises are situated in Rajaji Nagar, Bangalore. The appellant ho. 1 is admittedly the owner and landlady of the premises and respondent is holding the same as a tenant on a monthly rent of Rs. 1100. Appellant no. 2 was joined as plaintiff because she used to collect rent for and on behalf of appellant no. 1. The respondent's eviction was sought for on the ground available under Section 21(1) (h) of the Karnataka Rent Control Act, 1961. It is not disputed that there are eleven members in the family of appellant no. 1 and residing with her presently in a house situated in village Bettalasoor. In the petition filed on 25.2.1993 the requirement as set out in the petition was that appellant no. 1's husband was suffering from asthma ....
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....angalore and there-fore she intended to shift from the village house to her own house situated in the city of Bangalore along with her adopted sons. The prayer for amendment though contested by the respondent, was allowed by the Trial Court. In a detailed judgment dated 4.3.1997, the learned Trial Judge held that the suit premises were required for the use of the appellant no. 1 and her family members. The appellant no. 1 was aged about 55 years, who was not maintain-ing good health and was referred by the doctor in village Bettalasoor for treatment to be taken at Bangalore and in the interest of better treatment of hers she needed to shift her residence to Bangalore. The younger children in the family of appellant no.l were also require....
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....e always been residing with the appellant no. 1. It was not disputed that the number of persons residing with appellant no. 1 was eleven. Deciding the revision preferred by respondent-tenant, the High Court held that appellant no. 1's husband, whose sickness and need for treatment at Bangalore was the principal cause pleaded in the eviction petition for shifting to Bangalore, having expired, the cause had ceased to exist during the pendency of the petition. The appellant did not have any children of her own and because the appellant tried to project her sister's sons as her own sons there appeared to be mala fides on her part. Insofar as her own deteriorating health and need for taking treatment at Bangalore is concerned, the Hig....
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.... bona fide requirement must be an outcome of a sincere, honest desire in contra-distinction with a mere pretext for evicting the tenant on the part of the landlord claiming to occupy the premises for himself or for any member of the family which would entitle the landlord to seek ejectment of the tenant. The question to be asked by a judge of facts, by placing himself in the place of the landlord, is, whether in the given facts proved by material on record the need to occupy the premises can be said to be natural, real, sincere, honest? If the answer be in the positive the need is bona fide. The concept of bona fide need or genuine requirement needs a practical approach instructed by the realities of life. An approach either too liberal or ....
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....n the village of present residence of the landlady. It is common knowledge that orthopaedic ailments render frequent travelling of the patient uncomfortable and difficult and therefore the desire of the landlady to shift to Bangalore for her own treatment is a felt-need in praesenti and there is nothing unnatural, un-real or insincere about it. In addition, the school going children residing with the landlady as members of her family need to be shifted to the city of Bangalore and stay thereat in the interest of schooling in educational institutions with better ambience, facilities and standards. It is true that in the petition for eviction, as originally filed, the health condition of the landlady herself and the factum of children residin....
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....n the material available on record but was not feeling happy with the contents of the eviction petition as originally filed and an over-zealous attempt on the part of the landlady in projecting her sister's sons and grand-children as her own. The High Court did not doubt that the landlady was not in a sound state of health and that a large-size family was with her nor was it disputed by the tenant that the number of members in the family of the landlady residing with her was eleven. In such facts and circumstances, " in our opinion, the High Court ought to have adopted a realistic and objective approach rather than feeling sceptical about the landlady's mannerism. Had the High Court not been convinced of the landlady 's requirem....