Bombay HC directs landlord to pay tenant to occupy own house

Mumbai: The Bombay high court has appointed the landlord of a disputed property as an agent of the court receiver and asked him to deposit Rs 5,000 in the court every month till the writ petition is disposed off.

Son of the landlord requested the court to expedite the 2005 case, as he needed a place to stay. Meanwhile, the tenant had renovated the flat recently and had sought recovery of his expenses. According to Advocate Nusrat Shah, his client Mr Satedal Bose had filed an application along with on ongoing writ petition in the high court seeking access to the premise as the original licensee as his wife had died and their sons had their own accommodation. Mrs. Bose wanted to use the apartment as her residence was under redevelopment and she needed an alternate accommodation.

“The original licensee and his wife had been occupants of the premise at Bandra after an agreement of licensor and licensee was signed for 11 months in 1978. However, the agreement was renewed after its expiry and the licensee continued to stay there as a result of which civil proceedings were initiated in 1987. Mrs Bose and her husband won the case but the licensee’s refused to vacate the premise and also filed a writ petition in the Bombay high court in 2005. Since both the original licensee’s died, the apartment was vacant and the licensor who needed an alternate accommodation, filed an application to us the place through the court receiver,” said Advocate Shah.

Justice N M Jamdar, after hearing the application of the licensor and the arguments against the appointment of court receiver by the son of the licensee through counsel Advocate Cyrus Ardeshir said that after perusal of all documents on record and seeing the facts of the case the appointment of court receiver would not jeoprdise the interest of the son.

The court while allowing the appointment of the court receiver said that on the grounds of equities the son who claimed to have spent some amount on renovations should be paid Rs 5000 by the licensor till the writ petition was disposed. However, while restraining the licensor from creating third party rights to the suit premise, the court stayed its order for eight weeks on the request of the licensee’s son.