In a recent decision, the Bombay High Court sided with Milind Rajkumar Wagholikar (Shah) in a property disagreement with Shankar Ramchandra Kirve and others. The court told Shankar Ramchandra Kirve and the other people involved to leave the property so new buildings could be constructed.
Milind Rajkumar Wagholikar, a business contractor, filed a complaint against Shankar Ramchandra Kirve and others. He said that after Kirve's father passed away, Kirve unlawfully rented out the property to two other people who were running a garage. Wagholikar wanted the land back to build apartments.
The case was first thrown out by the Joint Civil Judge in 1997. Both Wagholikar and Kirve appealed, but these were also dismissed in 2002. Wagholikar argued that he needed the property for his building plans, which had city approvals and financial backing.
Kirve argued that the property was rented for business reasons and denied any illegal renting. He also said that being forced to leave would be very difficult for his family.
Justice M.M. Sathaye looked over the case, focusing on the real need for new construction based on the Bombay Rent Act. The court found that Wagholikar had shown he genuinely needed the property and had the necessary permissions to build.
"The landlord is the best judge of his requirement," the court noted, emphasizing that Wagholikar's plans were legitimate and supported by evidence.
The court ordered Shankar Ramchandra Kirve and the other people involved to give up the property within six weeks, allowing Milind Rajkumar Wagholikar to move forward with his building plans.
