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TMI Blog2014 (12) TMI 1400X X X X Extracts X X X X X X X X Extracts X X X X ..... settlement of her daughter namely Surinder Sidhu, who was married to an Army Officer, who died in insurgency. After the death of her husband, Ms. Surinder Sidhu had been residing with respondent along with her two children i.e. a son and a daughter. She was B.Ed. and post-graduate in English and was working as Teacher at Guru Nanak Public School, Chandigarh. She intended to live separate with her children after hiring a house on rent and in order to supplement her income, wanted to start a coaching centre of English subject imparting training for IELTS and also to start classes for science subject with the assistance of her daughter, who was final year student of Punjab Engineering College, Chandigarh at the time of filing of the petition. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (3) Whether the applicant has got no cause of action to file the present petition ?OPR (4) Relief. Rent Controller, SAS Nagar, Mohali disbelieved and discarded the rent note and accepted the plea of revision petitioner that the rate of rent was Rs.40,000 per month and not Rs.80,000 per month. The plea of respondent-landlady that she required the demised premises for her personal bona fide necessity to settle her widow daughter was held as bona fide and genuine. Revision petitioner was ordered to vacate the demised premises and hand over the vacant possession of the same to respondent-landlady within a period of three months from the date of order of Rent Controller. Not satisfied, revision petitioner preferred an appeal before the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity. He further argues that decision has been taken by the competent authorities of PUDA/GMADA to convert all the SCFs to shop-cum-office, as such, the respondent on conversion of the demised building into shop-cum-office can start commercial activities on its first floor and second floor, which are lying vacant. Learned counsel appearing for the caveator-respondent while refuting the arguments of learned counsel for the revision petitioner has argued that Rent Controller and Appellate Authority have evaluated the personal bona fide necessity of the respondent based on the evidence on record. The contention of respondent that she wanted to settle her daughter, who has lost her husband, in the demised premises cannot be doubted. This argume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner 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. It is nowhere case of the revision petitioner that respondent has either sought conversion of the SCF into SCO or PUDA/GMADA has converted all the SCF into SCO even without application of the owners. This being so, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Parveen Kumar Vs. Shiv Ram alias Sheo Ram 2000(1) RCR (Civil) The above arguments of learned counsel for the revision petitioner has been rightly declined by both the Courts below firstly on the ground that the rent agreement dated 16.10.2008 has been disputed by the revision petitioner. He has not relied upon any terms of the rent agreement including the rate of rent and the Court has also fixed the rate of rent as Rs.40,000/- per month instead of Rs.80,000 per month as mentioned in the rent agreement. As the revision petitioner has denied the execution of this rent agreement and the same has not been relied upon, the terms mentioned therein are not binding between the parties. The matter in the citation relied upon by learned counsel f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to seek eviction under the provisions of State Rent Act, held that the provisions of Rent Act would apply notwithstanding the contract. This argument of learned counsel for the revision petitioner that the husband of respondent has also sought eviction of a tenant in his premises for his bona fide need to start business with the assistance of his grand son i.e. son of daughter of respondent, has no relevance and effect on the personal bona fide requirement of the respondent. On perusal of the paper book, judgment of the Rent Controller and Appellate Authority and the law cited by learned counsel for the parties, I find no legal or factual infirmity in the judgment under revision calling for any interference. This revision petition has no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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