Bombay High Court

Bombay HC: D.J. Shukla and Company Evicted for Unauthorized Property Use

Updated
Jan 6, 2026 7:12 PM
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In a recent decision, the Bombay High Court ruled in favor of The Oriental Insurance Company Ltd, confirming the eviction and payment against D.J. Shukla and Company. The case was about the unauthorized use of a property in Mumbai.

The Case Background

The Oriental Insurance Company Ltd, based in New Delhi with a regional office in Mumbai, filed a case against D.J. Shukla and Company. The issue was over a small office space on the mezzanine floor of Oriental House, Mumbai. Initially, D.J. Shukla and Company rented the space monthly, but problems started when the company allegedly stopped paying rent and used the office as a storage space.

Termination Notice and Legal Proceedings

On March 13, 2001, Oriental Insurance sent a termination notice to D.J. Shukla and Company, saying they hadn't paid rent and were using the space without permission. The company wanted them to leave and pay for damages. The Estate Officer sent an eviction notice on September 6, 2001, stating D.J. Shukla and Company was using the space without permission since May 1, 2001.

Estate Officer's Decision

The Estate Officer decided in favor of Oriental Insurance, ordering D.J. Shukla and Company to leave and pay damages of Rs. 6,900 per month from May 1, 2001, along with 9% interest each year. However, D.J. Shukla and Company appealed, and the City Civil Court ruled that the lease was valid until 2003, reversing the eviction order.

Oriental Insurance's Argument

Oriental Insurance argued that the lease was ended correctly under the law, which requires only a 15-day notice to end a monthly lease. They also claimed D.J. Shukla and Company did not pay the overdue rent.

High Court's Ruling

Justice Gauri Godse, on January 5, 2026, overturned the City Civil Court's decision. The High Court confirmed that the termination notice was valid and that D.J. Shukla and Company was using the space without permission after the lease ended. The court reinstated the Estate Officer's order for eviction and payment.

Key Points

  • The High Court stressed the validity of a 15-day notice for ending monthly leases.
  • The ruling confirmed Oriental Insurance's right to get payment from D.J. Shukla and Company.
  • The judgment highlights the importance of following lease terms and conditions.

The High Court's decision means that D.J. Shukla and Company must leave the property and pay damages to Oriental Insurance.

Tags:
Eviction
Lease Agreements
Property Rights