Bonafide requirement case
My Landlord had filed eviction case against us on the ground of bonafide requirement.
The Landlord had in occupation of suit premises around 1600 sq ft area residing on 1st and 2nd floor and they had around 20 members in the family consisting his wife, children and his other 4 brothers and their wives and their children.
We as a tenant are residing on the ground floor of around 1000 sq. ft. consisting of 5 members.
After filing the case the landlord and 2 of his brothers took their own premises separately and were residing there with their family members. Now only 2 brother and their family members are residing in the suit premises consisting of 8 members.
The landlord expired and his 2nd brother continued the suit. The case was heard in the trial court and passed a decree in favour of landlord.
We filed an appeal in the Appeal court where in the Appeal was allowed and suit was dismissed by the Appeal court.
Now the Landlord had filed Writ Petition in the High Court and 2nd brother also expire and remaining legal heirs are brought on record.
The Landlord has filed the case stating that he started considering the property as HUF property. However he has no proof to show how he formed HUF. The trial court accepted his status