Reasonable Requirement - Definition - Law Dictionary Home Dictionary Definition reasonable-requirement

Definition :

Reasonable requirement, belongs to the knowledge of the law and means reasonable not in the mind

of the person requiring the accommodation but reasonable according to the actual facts, Damodar Sharma v. Nandram Deviram, AIR 1960 MP 345 (FB).

Connotes something more than desire but less than absolute necessity, Petro-leum Worker's Union v. Mohammed & Co., AIR 1967 Mad 33: 1965 MP LJ 979: (1966) 17 STC 1: 1965 Jab LJ 1065.

The words 'reasonable requirement' postulate that there must be an element of need as opposed to a mere desire or wish. The connotation of the term 'need' or 'requirement; should not be artificially extended nor its language so unduly stretched or strained so as to make it impossible or extremely difficult for the landlord to get a decree for eviction, Bega Begum v. Abdul Ahad Khan, AIR 1979 SC 272 (276). [J&K Houses and Shops Rent Control Act (34 of 1966), s. 11(1)(h)]

What is reasonable requirement is a question of fact and it depends upon the circumstances of each case. It connotes something more than desire and muchless than absolute necessity, the landlord must have a genuine present need for the premises. The court is to consider the fact and circumstances of the case if the landlord really requires it. Petroleum Workers Union v. A Mohamed and Co., AIR 1967 Mad 33 (35). [Madras Building (Lease and Rent Control) Act, 1960, s. 10(3)]