Goregaon Tenant Evicted After 16-Year Legal Battle: Court Rules in Favor of Landlord
After a prolonged 16-year legal battle, the Court of Small Causes in Bandra has ordered the eviction of a 60-year-old tenant from a Goregaon chawl room, ruling in favor of the 83-year-old landlord Prakash Keshav Gavankar.
GoregaonEvictionLegal BattleMaharashtra Rent Control ActTenant RightsReal Estate MumbaiAug 16, 2025
The appellate bench, comprising Additional Chief Judge A.A. Ayachit and Judge D.R. Mali, has set aside a 2022 trial court order that had dismissed the landlord’s eviction suit.
The dispute revolved around a 220 sq. ft. chawl room at Gavankar Chawl, Ganesh Nagar, where the tenant Manjula Chandrakant Patel had been residing. Gavankar sought eviction on multiple grounds, including non-payment of rent and non-occupation of the premises.
The trial court had earlier ruled against eviction, but on appeal, the judges found that Patel had failed to use the premises for over six months preceding the filing of the suit in 2009, which amounted to a violation under Section 16(1)(n) of the Maharashtra Rent Control Act.
Considering our findings, the landlord (plaintiff) has failed to prove that the defendant (tenant) committed default in the payment of rent. However, the plaintiff has proved that the defendant was not using the premises for the purpose for which it was let out for a continuous period of more than six months immediately preceding the date of the suit. With the mentioned reasons and discussion, we conclude that the plaintiff has proved the ground of non-user. Therefore, as per Sections of the Maharashtra Rent Control Act, the plaintiff is entitled to a decree of eviction.
The trial court had rightly held that the defendant is not a defaulter in the payment of rent, but it failed to appreciate the oral and documentary evidence regarding non-user of the suit premises. Hence, the trial court’s finding on this issue requires interference, as it is not just, legal, or proper. Accordingly, this court is required to set aside that finding on the ground of non-user, the court held.
While the court rejected Gavankar’s claim of rent arrears, it directed Patel to hand over quiet, vacant, and peaceful possession of the premises within three months.
Patel’s counsel, Advocate V.R. Tripathi, had argued that she continued to occupy the premises and was willing to pay rent, citing medical reasons for her frequent stays in Gujarat. However, the court noted that key documents, including voter ID and ration cards, indicated her residence in Gujarat rather than Mumbai during the disputed period.
Frequently Asked Questions
What was the main reason for the eviction order?
The main reason for the eviction order was the tenant's non-use of the premises for more than six months, which is a violation under Section 16(1)(n) of the Maharashtra Rent Control Act.
How long did the legal battle last?
The legal battle lasted nearly 16 years.
What was the tenant's defense against the eviction suit?
The tenant, Manjula Chandrakant Patel, argued that she continued to occupy the premises and was willing to pay rent, citing medical reasons for her frequent stays in Gujarat.
Did the tenant owe any rent arrears?
The court rejected the landlord's claim of rent arrears, stating that the tenant was not a defaulter in the payment of rent.
What is the timeline for the tenant to vacate the premises?
The court directed the tenant to hand over quiet, vacant, and peaceful possession of the premises within three months.
Related News Articles
Mumbai's Sky-High Ambitions: Exploring the City's Love for Skyscrapers
As Mumbai continues to grow
Mumbai Records Third-Highest Surge in Luxury Housing Prices Globally
Mumbai's prime residential prices surge 11.5% year-on-year, ranking third globally, as India's economic growth drives demand in luxury housing market.
Affordable Housing Supply Dries Up as Builders Focus on Premium Projects
The latest data from JLL India reveals a 21% decline in affordable housing supply below Rs 50 lakh, while premium projects saw a significant surge in demand.
Priyanka Chopra's Real Estate Empire: A Peek into Her Investments
Priyanka Chopra Jonas is a keen investor in the real estate space, owning multiple properties in India and the US. Here's a look at her recent transactions.
Uber and Heads Up for Tails Expand Pet-Friendly Rides in Delhi and Mumbai
Uber has partnered with Heads Up for Tails to offer pet-friendly rides in Delhi and Mumbai, making travel more convenient and comfortable for pet owners.
Blackstone and Sattva-backed REIT Files Draft Papers for ₹7000 Cr IPO
A real estate investment trust (REIT) backed by asset manager Blackstone Group and Bengaluru developer Sattva Group has filed its draft papers with the Securities and Exchange Board of India (SEBI) for a ₹7000 crore initial public offering (IPO).