Bombay High Court

Small Causes Court: Temple Trust Wins Eviction Over Staircase Dispute

Updated
Dec 2, 2025 10:58 PM
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Summary: A legal fight over a staircase landing at Babulnath Temple in Mumbai ends with the court ordering the removal of Dharamgiri Maharaj's representative, who claimed he had the right to live there.

The Background of the Case

The case is about a disagreement over a part of the staircase landing at the Babulnath Temple in Mumbai. Initially, Baba Ramgiriji was allowed to use this area, and after he passed away, his follower, Baba Brahmanandji, continued using it. The temple leaders later took back this permission, leading to a court case.

The Trust's Claim

The Babulnath Temple Trust argued that the space was not a proper room and couldn't be rented out under the Bombay Rent Act. They said it was just a landing used by temple visitors and not a private space for anyone.

The Defense's Argument

Dharamgiri Maharaj, speaking for Baba Brahmanandji, claimed that the space was indeed rented, showing rent receipts and arguing for tenant rights. They also mentioned that electricity charges were paid, suggesting a tenant relationship.

Court's Decision

The Small Causes Court decided in favor of the temple trust, ordering the removal of the representative. Dharamgiri Maharaj appealed, but the higher court agreed with the first decision. The court found that the space was not a room and therefore not covered by tenant protection under the Bombay Rent Act.

Key Points from the Judgment

  • Not a Room: The court stressed that the space was open and part of a staircase landing, not a closed-off room.
  • Tenant Claims Denied: The rent receipts were not enough to prove a tenant claim, as the space couldn't be rented out under the law.
  • Eviction Ordered: The court ordered Dharamgiri Maharaj to leave the space within six weeks.

Final Thoughts

This case shows how complicated property disputes can be, especially when they involve religious places and old permissions. The court's decision highlights the need for clear legal definitions of rental spaces and the limits of tenant rights in these situations.

Tags:
Property Rights
Maharashtra Rent Control Act
Eviction