No Eviction After Tenant Buys Share in Property: Bombay High Court
Mumbai, April 15: A single judge bench of Justice Rajesh S Patil allowed the application filed by three tenants of Cicilia House in Thane who came to acquire a 50% share in the tenanted property during the pendency of their application.
Key Ruling
"Once a tenant also becomes a co-owner, he is in a dual capacity – that of the ownership to the extent of share purchased and tenancy to the extent of his tenancy agreement as on date," the court held.
As soon as a tenant purchases a part of the ownership right, another co-owner cannot file or continue eviction proceedings against them under the Rent Act, the bench clarified.
Case Background
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Dispute: Eviction suit filed by co-owners of a housing society against tenants on grounds of unauthorised construction, subletting, change of user, bona fide requirement, and arrears of rent
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Trial court (June 2009): Ruled in favour of tenants
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Appellate authority (May 3, 2014): Set aside trial court order, ordered eviction
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Tenants' revision application: Filed in High Court
Key Development
During the pendency of the application, tenants purchased 50% share in the building from the legal heirs of one of the co-owners. The conveyance deed was registered on April 22, 2016 , making the tenants co-owners of the premises.
Outcome
The court set aside the appellate court's verdict ordering eviction while upholding the trial court's decision.