Bombay High Court

Bombay HC: Entertainment Company Evicted for Misusing Rental Flat

Updated
Jan 24, 2026 10:58 AM
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Summary: A legal fight over a flat in Mumbai between Heart & Soul Entertainment and film director Deepak Bahry has led to an eviction order. The case involved disagreements over a rental agreement, with claims of misuse and breaking the contract.

The Battle Begins: The People Involved

In 2009, Deepak Bahry, a film director from Mumbai, filed a case against Heart & Soul Entertainment Ltd., represented by its director, Mohammed Yasin. The dispute was over a flat located at Jogeshwari (West), Mumbai, which was initially rented out under a specific kind of rental agreement.

The Agreement and Its Breach

The flat was rented out under a rental agreement dated January 5, 2007, for 22 months. Deepak Bahry claimed that Heart & Soul Entertainment broke the terms by using the flat for business purposes instead of living purposes, as agreed.

"Heart & Soul Entertainment broke the terms and conditions of the rental agreement..."

The Legal Proceedings

Deepak Bahry sought eviction through the proper authority under the Maharashtra Rent Control Act. Initially, the authority ruled in Bahry's favor on April 15, 2009, ordering Heart & Soul Entertainment to leave the premises. However, this decision was overturned by the Additional Commissioner, Konkan Division, on September 2, 2009.

Revisiting the Judgment

Justice M.M. Sathaye looked into the case, focusing on the terms of the rental agreement. The court found that the agreement was mainly for living use, despite some parts suggesting mixed use. The court pointed out that Heart & Soul Entertainment's claims of business use did not hold up legally.

"Clause 13 clearly states that the flat ‘shall be used for living purposes only’..."

The Final Verdict

On January 7, 2026, Justice Sathaye canceled the Additional Commissioner's order, bringing back the eviction. Heart & Soul Entertainment was told to give the flat back to Deepak Bahry immediately. Additionally, Heart & Soul Entertainment was ordered to pay costs for misusing the court's time.

Lessons and Implications

This case highlights the importance of sticking to agreements and the legal issues that can come up when they are broken. It also shows the court's role in understanding agreements and making sure justice is served. The decision reminds everyone to make sure rental agreements are clear and warns of the possible consequences of breaking them.

Tags:
Rent Control
Eviction
Contract Disputes