kitchenware, clothes and other household commodities were not found but only computer, tables and chair were found. The learned Judges therefore, drew inference that the said premises is not a residential one but used for commercial purpose. This appreciation is not correct because the absence of evidence of residence shall necessarily amount to commercial use of the said premises. A person may not be residing in a particular premises and may be using that premises for studying or just for resting so regular household articles may not be found in the said premises and, therefore, it cannot be a conversion of residential into commercial premises. The learned Judges of the Courts below have committed error in appreciating the evidence and drawing inference and, therefore, orders passed by the learned Judges of both the Courts below are required to be set aside. In view of the defence taken by the petitioners, it is made clear that the society cannot charge transfer fee exceeding Rs.25,000/-. However, in the present case, as per the petitioners’ case, they were asked to pay 4% of the market value of the said premises, which is nearly Rs.1 lakh. Thus, the said demand was illegal. In view of this, for want of sufficient evidence of change of user, this complaint cannot
