Onus of proving bonafied need ? how need is defined
Struggling Landlord
(Querist) 27 March 2012
This query is : Resolved
I wanted 2 shop blocks vacated under bonafied need section provided by MhRC Act 1999, My querry is how to prove bonafied need, and Onus of proving need on me? pl guide... where as all tenants are financially good and holds 2blocks in my property and are the owners of similar property in prime location. Based on your comments and answer I will try to add details of my need in my plaint..
V R SHROFF
(Expert) 27 March 2012
you list out your need, as you know better abt your need, once you list it out, give to your advocate, discuss and draft plaint.
Kiran Kumar
(Expert) 27 March 2012
just keep one thing in mind that a tenant cannot dictate terms to the landlord.
you simply plead your case before the court/ tribunal....make sure all the technical ingredients are complete.
ajay sethi
(Expert) 27 March 2012
mr struggling landlord .
you have to make out a case that you are in need of said premises for your family . you will have to show that tenants are owners of other properties in other areas . contact a local lawyer
Adv.R.P.Chugh
(Expert) 27 March 2012
Though I am not aware of the nuances of Maharashtra Law. However the basic principle of bona fide is the same across the Country.
Your need should not be whimsical or arbitrary unsupported by actual pressing need, but at the same time it need not be so pressing that it is dire need. Landlord is definately to make himself comfortable, and as Kiran Jee said - Tenant cannot dictate terms to the landlord, if the landlord's status has improved - and he requires bigger space for growing needs of the family - the need is bona fide. However if he requires the premises not for residential purposes but only to lend it out further for a higher rent etc. The Court won't pay heed.
Struggling Landlord
(Querist) 28 March 2012
thanks for the reply, I am 42 years and a system designer and my office is on F floor, and I am owner of 9 shops on Ground F, All are very old and paying meager rent,I am in need of 1 shop block for starting new business just because of increasing financial demand due to rise in inflation. Can u say that my need is bonafied under MhRC Act or otherwise. at the same time tenants financial position is very sound and they have rented their property in Oct2011, at very high rent, Similarly in coming days I may get 1 adjacent Shop block vacated, So can I demand shop block of financial good tenant, or just take adjacent shop and keep quiet,
pl give ur valuable suggestions
