Summary: In a recent decision by the Bombay High Court, Nagpur Bench, a long-standing tenant dispute in Amaravati was resolved. The court dismissed the tenant's claim of ownership through long-term occupation and upheld the eviction order.
The case was about a property in Paratwada, Amaravati. Anandrao Babasaheb Awaghad, now represented by his family members Sanjay and Vinod Awaghad, was the original defendant. They were challenging an eviction order against them, which was confirmed by the First Appellate Court.
The property was first owned by Mahadev Prasad, who left it to Premshankar. Premshankar sold it to Durgashankar Agrawal, the person bringing the case, on September 8, 1992. However, the Awaghads claimed that Mahadev Prasad had intended to give the property to them verbally, and they had been living there for over 16 years.
"Anandrao Babasaheb Awaghad claimed ownership based on a verbal gift and long-term occupation."
On September 15, 1992, the Awaghads sent a notice to Premshankar, claiming ownership through long-term occupation. In response, Durgashankar Agrawal sent a notice on September 19, 1992, stating that the Awaghads had lost their right to stay by challenging the ownership.
The Trial Court ordered eviction, saying that the Awaghads' actions meant they had lost their right to stay. The Appellate Court agreed with this decision, leading to the current appeal.
Mr. K. B. Zinjarde, speaking for the Awaghads, argued that the notice was not aimed at Durgashankar Agrawal and that accepting rent meant they hadn't lost their right to stay. He referred to past cases to support his claims. On the other hand, Mr. S. S. Sarda, for Durgashankar Agrawal, argued that the Awaghads' claims clearly showed they were no longer tenants.
Judge Rohit W. Joshi dismissed the appeal on January 9, 2026, stating:
"Anandrao Babasaheb Awaghad had not only questioned the ownership of his landlord but claimed ownership for himself."
The court found no reason to believe the right to stay was still valid, as the demand for rent was made without affecting the eviction claim.
The court decided not to change the eviction order. The Awaghads were given until July 15, 2026, to leave the property.
"Sanjay and Vinod Awaghad shall vacate the property and hand over possession by July 15, 2026."
This case shows how complicated property disputes can be and the importance of having clear legal documents to support ownership claims.
