‘Rent’ Term Alone Cannot Create Tenancy Rights, Bombay High Court Orders Eviction After 32-Year Legal Battle
Mumbai: The use of the word “rent” in an agreement does not by itself make an occupant a tenant, the Bombay High Court has held while ordering the eviction of a woman from a commercial shop in Navi Mumbai after a 32-year-long legal battle. Justice Sandeep Marne dismissed petitions filed by Navina Dinesh Shetty challenging a lower appellate court order and directed her to hand over possession of…
The Bombay High Court has ruled that merely using the term "rent" in an agreement does not automatically grant occupant status, sparking an eviction order after a 32-year legal battle. Justice Sandeep Marne dismissed the petitions filed by Navina Dinesh Shetty, who challenged a lower appellate court's decision, and ordered her to transfer possession of the commercial shop at APMC Market, Sector 19, Vashi, to the owner, Shaikh Ayub Rehman, by September 30, 2026.
The dispute originated from two 11-month "Caretaker Agreements" signed in 1994 and 1995, which allowed Shetty to use the shop for monthly payments of Rs 1,800 and Rs 2,000. The trial court initially treated her as a tenant, but the District Court later ruled she was only a licensee. Upholding the appellate court's decision, Justice Marne emphasized that the entire agreement needed to be evaluated to determine the arrangement's nature.
The court noted that labeling temporary licenses as permanent tenancies would undermine their purpose and deter property owners from renting out spaces temporarily.
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