Quick Summary: Deepak Bahry, a film director from Mumbai, faced off against Heart and Soul Entertainment Ltd. over a flat dispute. The court ruled in favor of Bahry, ordering the entertainment company to leave the premises.
Deepak Bahry, a 62-year-old film director from Mumbai, rented out his apartment in Jogeshwari (West) to Heart and Soul Entertainment Ltd., a film production company. The agreement was initially for residential use only, starting January 5, 2007, for 22 months.
Bahry claimed that Heart and Soul broke the lease terms by using the apartment for business purposes. He ended the agreement on May 4, 2008, but the company refused to leave and took the matter to Mumbai's City Civil Court. Heart and Soul argued that Bahry had agreed to sell the apartment to them.
The first ruling was in Bahry's favor on April 15, 2009, ordering Heart and Soul to leave. However, the company appealed, and the Additional Commissioner of Konkan Division overturned the eviction order on September 2, 2009.
Justice M.M. Sathaye reviewed the case and found that the original agreement was for residential use, dismissing the entertainment company’s claim of having rights to the property. The court emphasized the misuse of the apartment and ruled that Heart and Soul must leave immediately.
Heart and Soul Entertainment was ordered to pay Rs. 50,000 to the High Court Employees Medical Fund for wasting court time with irrelevant arguments and documents. The company was also directed to return the apartment to Bahry.
This case underscores the critical importance of sticking to lease agreements and the potential consequences of legal mistakes in property disputes.
