Bombay High Court

Bombay HC: Alleged Non-Heirs of Tenant Face Eviction in Property Dispute

Updated
Dec 24, 2025 11:01 AM
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Summary: In a long-standing property dispute in Malegaon, the Bombay High Court has ordered the eviction of tenants from a contested property, siding with the landlord's claim of needing the space for personal use.

The Case: Who's Who?

The case involved Shri Ramughraha Ramcharita Tiwari, the original tenant, and Alaknanda Gopalkrishna Badale, the landlord. After both parties passed away, their family members continued the battle. The legal drama unfolded in the Bombay High Court, with Judge M.M. Sathaye in charge.

The Initial Ruling

Initially, the local court rejected the landlord's request for eviction, saying the tenant, Ramughraha Tiwari, hadn't built any unauthorized structures or caused any problems. The rent was set at Rs. 155 per month.

The Appeal and Reversal

Things changed when the Badale family challenged the decision. On November 27, 2006, the higher court reversed the initial ruling, ordering Tiwari's eviction because the landlord truly needed the property.

Legal Heirs and Confusion

A major twist came when it was revealed that the current applicants, claiming to be Tiwari's family members, might not actually be related to him. The real tenant's only daughter lives in Allahabad, raising questions about the legitimacy of the applicants' claims.

The Landlord's Argument

The Badale family argued they needed the space due to an increase in family size from 11 to 25 members. They claimed the property was essential, especially since some family members were disabled and required ground-floor accommodation.

Court's Conclusion

Judge Sathaye concluded that the current applicants had no right to challenge the eviction order, as they were not legitimate heirs of the original tenant. The court emphasized that the Badale family's need for the property was genuine and dismissed the revision application on December 1, 2025.

Final Orders

The court ordered the applicants to leave the premises within six weeks, making the eviction order effective immediately after this period.