Mumbai civil court grants possession of a Goregaon West flat to the buyer and orders owners to vacate after prolonged illegal occupation | Representational Image
Mumbai, Jan 01: The city civil court has granted relief to a flat purchaser, directing the owners to vacate the premises nearly three years after executing a sale agreement. The court has also ordered an inquiry into losses arising from the alleged illegal occupation of the flat.
Purchaser alleges denial of possession despite full payment
The order came in a suit filed by 57-year-old businessman Mangilal Bheemarajji Jain, a resident of Unnat Nagar, Goregaon West, against Gajendra Meghraj Jain and his wife Kiran, residents of Rekha Villa Ltd, Goregaon West. Mangilal stated that he had purchased the flat from the couple for a total consideration of Rs 71 lakh under an agreement dated May 14, 2013.
According to the plaintiff, the entire amount was paid as agreed, and the defendants assured him of vacant and peaceful possession of the flat along with the share certificate. However, the defendants sought time to vacate, citing the need to find alternative accommodation.
Alleged attempt to sell flat to third party
Despite repeated demands, the flat was not handed over. On March 21, 2016, the plaintiff learnt that the defendants were allegedly attempting to sell the property to a third party, prompting him to approach the court seeking restraint and possession.
Defendants claim higher revised consideration
The defendants contended that while the initial consideration was Rs 71 lakh, the amount was later revised to Rs 1.38 crore due to a rise in property prices. They claimed the agreement reflected the lower amount at the insistence of the plaintiff and alleged that Rs 77 lakh remained unpaid.
Court finds no evidence of revised agreement
The court rejected these claims, observing that there was no evidence of any oral agreement fixing the consideration at Rs 1.38 crore. It also found no proof that the plaintiff was in arrears even under the original agreement.
Payment records produced before the court showed that the plaintiff had paid Rs 71.47 lakh. The court held that the defendants failed to establish any outstanding dues towards the consideration amount.
Occupation declared unlawful, inquiry into losses ordered
Noting that the defendants continued to occupy the flat even after signing the sale agreement and despite repeated demands for possession, the court ruled that their occupation was unlawful.
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The court directed the defendants to hand over possession of the flat to the plaintiff within two months and ordered the housing society to induct him as a member. It further held that the plaintiff is entitled to mesne profits from the date of filing of the suit until possession is delivered, and ordered an inquiry to determine the amount.
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