RAJ KUMAR KHAITAN Vs. BIBI ZUBAIDA KHATUN

JUDGEMENT

(1.) Special leave granted.

(2.) We have heard learned Counsel for the parties. Paras 11 and 12 of the plaint wherein bona fide requirement has been pleaded are as under :-

(3.) It is clear from the averments made in the above quoted paragraphs that the plaintiffs asserted that there was no other means of livelihood with them and as such they wanted to set up their own business in the premises in dispute. The High Court, however, came to the conclusion that apart from above quoted pleadings it was necessary to plead the nature of the business which the appellants-plaintiffs wanted to start in the premises. We are of the view that the High Court fell into patent error. It was not necessary for the appellants-landlords to indicate the precise nature of the business which they intended to start in the premises. Even if the nature of business would have been indicated nobody could bind the landlords to start the same business in the premises after it was vacated.