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2014 (12) TMI 1400 - HC - Indian LawsMaintainability of petition - Arrears of rent and personal bona fide necessity for the settlement - entitlement of applicant to evict respondent from the demised premises - no cause of action to file the present petition - HELD THAT:- It is no more res-integra that the suitability of any premises for the need of the landlord is to be considered as per the convenience and choice of the landlord, who is at liberty to decide how he has to utilize his property and which property is best suited for his needs. The tenant has no role to dictate his terms in the matter. Admittedly, the demised premises with the revision petitioner was required by the respondent to settle her daughter, who lost her husband, an armymen who died in insurgency. The premises is admittedly shop-cum-flat. The first and second floors of the premises are residential. Even if, PUDA/GMADA had under some scheme allowed the conversion of shop-cum-flat(SCF) to shop-cum-office(SCO), the option lies with the owner to avail the concession given by PUDA/GMADA and certainly for the conversion of residential portion of a building into commercial, one has to pay conversion charges. The violation of the rules and regulations of PUDA/GMADA may invite resumption of building for its unauthorized use. Even if, this plea of petitioner be accepted that Coaching Centre can be started on the first and second floors of the premises in question, still the option lies with the landlord to select as to where the same is intended. It is the case of the landlord that the demised premises being ground floor and basement are more suitable to start a Coaching Centre as compare to the remaining portion of SCF. In view of the need and choice of the landlord, the wish/dictate of the revision petitioner that the landlord should start the Coaching Centre on the first and second floors of the building is no ground to doubt the bona fide need of the respondent-landlady. In the present case, the revision petitioner in his written statement, has categorically denied the existence of rent agreement dated 16.10.2008, as such, he stood debarred from taking the plea that vide that agreement, he had taken the premises for a term of five years. There are no legal or factual infirmity in the judgment under revision calling for any interference - revision petition has no merits - revision petition dismissed.
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