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48. Rajani Manohar Kuntha & Ors vs. Parshuram Chunilal Kanojia & Ors
2025 LiveLaw (SC) 1253
December 02, 2025
Tenancy - Eviction – Tenant cannot dictate - Bona fide Requirement – Scope of Revisional Jurisdiction is narrow - The bona fide requirement has to be assessed from the landlord’s perspective and not from the tenant’s convenience.
FACTS
The Appellants (Landlords) instituted a suit seeking eviction of the Respondents (Tenants) from a commercial Premises. The eviction was sought on the grounds of bona fide requirement for commercial use. The Trial Court, upon appreciation of the pleadings and evidence, decreed the suit for eviction, holding that the requirement was genuine and bona fide. The First Appellate Court confirmed the findings and decree of the Trial Court. In revision, the Bombay High Court set aside the concurrent findings of the Trial Court and the First Appellate Court. The High Court undertook a detailed scrutiny of the pleadings and evidence and held that the landlord’s bona fide requirement was not established, inter alia, relying on the existence of other premises and the obtaining of a commercial electrici
