Sudip Bera and Anr. v. Atin Goswami
Landlord-tenant – Eviction on ground of reasonable requirement
Case brief
What is this about?
SAT 90 of 2022, Calcutta High Court, dismissed 24.01.2024 under Order XLI Rule 11 CPC for want of substantial question of law; eviction of tenant on landlord's reasonable requirement upheld on concurrent findings; landlord best judge of requirement; bona fide vs fanciful requirement; possession of two rear shop rooms does not render requirement fanciful where business needs street-front accessibility; photocopy shop; no interference with concurrent findings of fact; connected application CAN 1 of 2023 dismissed; parties: Sudip Bera & Anr. (appellants) v. Atin Goswami (respondent); advocates Partha Pratim Roy and Dyutiman Banerjee for appellants.
What did the court decide?
There is no legal fetter preventing a landlord from evicting a tenant on the ground of reasonable requirement where the requirement appears genuine as opposed to a fanciful desire.