Rent and Eviction -- Bona Fide Need -- Date of Assessment -- Bona fide need must be adjudicated as on date of filing of eviction suit
(i) Civil Procedure Code, 1908 -- Rent and Eviction -- Bona Fide Need -- Date of Assessment -- Bona fide need of a landlord must be adjudicated as on the date of filing of the eviction suit, unless a subsequent event materially changes the ground of relief claimed. (ii) Civil Procedure Code, 1908 -- Rent and Eviction -- Bona Fide Need -- Bare Denial by Defendant in Affidavit -- A bare denial of bona fide need by the defendant in an affidavit cannot by itself be the sole basis for concluding that the landlord had no bona fide need, without examining the material available on record. (iii) Civil Procedure Code, 1908 -- Rent and Eviction -- Bona Fide Need -- Reversal of Eviction Decree -- Failure to Consider Entire Record -- Where a trial court passes a decree for eviction on the basis of evidence and the same is reversed by the appellate court, the High Court is required to consider the entire material on record while deciding the challenge to such reversal -- Failure to do so amounts to failure to exercise jurisdiction vested in it.
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