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Uday Shankar Upadhyay & Ors vs Naveen Maheshwari on 18 November, 2009

20.The Hon'ble Supreme Court in Uday Shankar Upadhyay vs. Naveen Maheswari, reported in 2009 (5) CTC 782, has held that once it is not disputed that the landlord is in bonafide need of the premises, it is not for the Courts to say that "he" should shift to the first floor or any higher floor. It is well-known that shops and businesses are usually (though not invariably) conducted on the ground floor, because the customers can reach there easily. Accordingly, the Court cannot dictate to the landlord which floor he should use for his business; that is for the landlord himself to decide.
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