Summary: The Bombay High Court dismissed a request by Ashok and Lata Sonawane, agreeing with an eviction order against them in favor of landlords Percy and Shera Sarkari. The court decided that the Sonawanes had no legal right to the property.
In 1992, Percy and Shera Sarkari won a court case to remove tenants from a property in Mumbai. The eviction was challenged over the years by different people, including the Sonawanes, who claimed they had the right to stay there based on a disputed agreement.
In 2010, the Sonawanes blocked the eviction, saying they had a valid agreement to stay. The landlords argued that the Sonawanes had no legal rights to the property because the agreement they relied on was not officially recorded and therefore not valid.
"The alleged conveyance was of no significance as it was not registered." - Judge N. J. Jamadar
The court found that the Sonawanes' claim was based on an agreement that was not officially recorded, which did not give them any legal right to the property. The court stressed that without official recording, the agreement was useless in giving them property rights.
The court explained that the Registration Act requires certain documents to be officially recorded to be legally valid. Since the Sonawanes' agreement was not recorded, it couldn't support their claim to the property.
Judge N. J. Jamadar decided that the Sonawanes did not have a right to the property on their own and ordered the eviction to go ahead. The court dismissed the Sonawanes' request and ended the case, with no costs given to either side.
"The petition stands dismissed." - Judge N. J. Jamadar
This case highlights the importance of properly recording property documents to establish legal rights and avoid long legal battles.
