M/S.Impex (India) Limited vs Dinashah Jal Daruwala And Anr

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The petitioner-tenant challenged the judgment and decree dated 23 January 2004 passed by the District Court in Civil Appeal No. 624 of 2001, which confirmed the decree of the Small Causes Judge, Pune dated 13 June 2001 in Civil Suit No. 490 of 1998, directing the petitioner to hand over vacant possession of the suit premises — a bungalow known as 'Gardenia' along with garage, two outhouse rooms, and garden in Koregaon Park, Pune — to the original plaintiffs-landlords.

The plaintiffs alleged that the petitioner-tenant had encroached upon approximately 10,000 sq.ft. of open land at the rear of the bungalow that was not part of the leased premises under the Agreement of Lease dated 1 November 1961. Specifically, the tenant was accused of constructing a permanent stone and cement wall without written consent, removing the barbed wire fencing separating the leased and unleased portions, blocking the independent northern entrance gate, and unlawfully taking possession of the common servant toilet block, thereby committing acts constituting grounds for eviction under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The High Court examined the findings of the Small Causes Court and the District Court, including evidence relating to the extent of the lease, the alleged encroachments, and the conduct of the parties. The matter was heard along with Civil Application No. 2644 of 2016 filed by Talera Hoteliers Private Limited (substituted respondents) and Civil Application No. 1847 of 2014 filed by the petitioner.

Catchwords: tenant eviction encroachment lease agreement Bombay Rent Act vacant possession suit premises writ petition Small Causes Court landlord-tenant dispute permanent construction without consent Transfer of Property Act