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
Pune's Commercial Real Estate Boom: A Thriving Metropolis in 2024
Pune's commercial real estate sector is thriving in 2024
Budget 2024: 5 Key Sectors to Watch for Strong Investment Opportunities
From infrastructure development to defense modernization, here are the top sectors and stocks to focus on during Budget 2024
BJP’s Third Consecutive Victory in Haryana Boosts Market Sentiment, Nifty on the Rise
The Bharatiya Janata Party (BJP) has achieved a historic third consecutive term in Haryana, a development that has sparked positive market sentiment. The Nifty is targeting higher levels as investors gain confidence in the political stability of the regio
Avendus Assists Alta Capital in Acquiring Ready Warehousing Space
Avendus Capital, a leading financial services firm, has played a pivotal role in facilitating Alta Capital's acquisition of ready warehousing space in Pune. This strategic move underscores the growing significance of the logistics real estate sector in In
Info-x Software Secures Luxury Penthouse in The Camellias, Gurugram for INR 190 Crore
Property values in Gurugram and Delhi's Lutyens Zone are now matching those of Mumbai's elite neighborhoods. Info-x Software's latest acquisition underscores the growing real estate market in these areas.
Delhi-NCR Emerges as Top Destination for Global Capabilities Centres (GCCs) in India
Delhi-NCR has seen a significant increase in the leasing of office spaces for Global Capabilities Centres (GCCs), with 5.09 million square feet leased over the past two years. This growth is driven by India's rising economic influence and improved infrast