Advertisement
When should a housing society in Mumbai start considering re...
From GST on JDAs to SEBI’s REIT reclassification and the S...
Stay ahead in the world of real estate with our daily podcas...
Stay ahead in the world of real estate with our daily podcas...
The Bombay High Court has finally closed a 30-year-long landlord-tenant dispute involving singer Preeti Sagar and her sisters over a Walkeshwar flat owned by the Sheth Amichand Pannalal Adishwar Jain Temple Charitable Trust. Upholding a 1996 eviction decree, the court directed the tenants to vacate the flat within eight weeks. The dispute revolved around the Trust's plans to convert the flat into a bhojan shala and the tenants refusal of smaller alternative accommodation. The judgment emphasized that refusal of offered alternatives cannot prevent eviction when the landlord's rights are legally established.
The Bombay High Court has upheld an eviction decree against singer Preeti Sagar, also known as Preeti Somy Saran, and her sisters, Niti Chandra and Namita Motisagar, ending a legal battle that has lasted over three decades. The dispute concerned a second-floor flat in the Anil Niwas building, Walkeshwar, owned by the Sheth Amichand Pannalal Adishwar Jain Temple Charitable Trust. Advertisement
The conflict began when the Trust, trustees of the temple, sought possession of the flat for use as a bhojan shala for Jain devotees. The tenants had resisted eviction, claiming that the alternative accommodation offered by the Trust was unsuitable. The court observed that alternate accommodation had been available since the trial court stage and remained on offer. Justice M M Sathaye noted that refusal of a smaller or less convenient flat does not justify resisting eviction.
The flat in question had a disputed area. The tenants amended statement cited it as 3,400 sq ft, while the Trust's witness estimated it at around 1,500 to 1,600 sq ft. Rent was recorded at INR 173.79 per month. The High Court considered earlier legal proceedings, including the 1996 decree of eviction by the appellate bench of the Small Causes Court, which had been challenged by Sagar and her sisters in 1997.
The Trust had initially offered a 500 sq ft alternative flat, later proposing a 750-800 sq ft apartment in a new building. The tenants declined, arguing it was smaller than their current residence. The court determined that the balance of hardship favored the Trust, emphasizing that arguments about alternative accommodation cannot override the landlord's rights.
Sagar's lawyers had sought a stay on the eviction, but the court allowed eight weeks for vacating the flat. The tenants were also required to file an affidavit within two weeks confirming that no third-party rights would be created in the property.
The Trust's counsel highlighted that the organization is the best judge of its requirements, and the tenants cannot dictate the intended use of the premises. Sagar's lawyer, Avit Patel, stated that the family was yet to decide on any further legal action and declined further comment.
5th Jun, 2025
25th May, 2023
11th May, 2023
27th Apr, 2023
Advertisement
Facebook
Whatsapp
