No relief for South Mumbai landlord fighting over right to flat

The landlord of a building in south Mumbai will have to continue his legal fight to claim the rights of an apartment he had given on rent following which the tenant died leaving behind no legal heirs. The apartment is now sealed by the VP Road police.

A division bench of Justice Shantanu Kemkar and Justice Rajesh Ketkar refused to grant relief to the owner of Dubash building, Ramesh Valji Shah. However, it granted him the liberty to move the appropriate court for relief.

According to Shah, his tenant Leena Tanksali passed away in 2011 without any legal heirs thus the authorities cannot deprive him their right of taking over the property's possession. It was argued that for over five years the petitioner, who has constitutional and human rights, experienced utter disregard to the provision of law by the VP Road Police.

Advocate GW Mattos, appearing for the government, said the police sealed the premises as the tenant died without any legal heir. Thus the police was only following due procedure. However, the petitioner countered the claim saying that a niece, who was not residing with the deceased during her life time, cannot claim any rights and the authority has acted in haste to hand over possession of the said apartment.

The court, after going through the records, vacated the injunction previously given by not handing over the property to the niece and said, "We make it clear that the interim order, stands vacated and the Administrator General/Police are directed to hand over the possession of the room to the niece of the deceased. However, the possession will be in the capacity as an agent of the Court Receiver and it will be subject to outcome of the proceedings as may be initiated by the petitioners against her."