Daijiworld Media Network - Mumbai

Mumbai, Dec 30: Bringing closure to a prolonged legal battle, the Bombay City Civil Court has directed the eviction of illegal occupants from a Dahisar apartment, ruling decisively in favour of an NRI businessman whose flat was unlawfully resold while he was working overseas.

In a detailed judgment, Judge B.D. Pawar upheld the ownership rights of Suresh Basantani, a Khar-based businessman residing in Abu Dhabi, who discovered that his Mumbai apartment had been fraudulently sold to third parties and occupied in his absence. The court held that once a property is transferred through a registered agreement, the seller relinquishes all rights over it and cannot legally resell the same property.

The court observed that Siddhivinayak Builders and its promoter had already transferred valid title of the flat to Basantani and therefore had no authority to execute a second sale. The subsequent agreement in favour of the later purchasers was declared illegal, null and void, with the court noting that it conferred no ownership rights whatsoever.

The dispute traces its roots to 1997, when Basantani purchased the flat in Siddhivinayak Tower after paying the full consideration of Rs 7.76 lakh. He received possession in 2002, renovated the apartment, and returned to the UAE. During a visit to Mumbai in May 2005, he was shocked to find the locks changed. Further inquiries revealed that the builders, acting through their power of attorney holder, had executed another sale deed in February 2005 in favour of Sweta Tarak Nath Das and Tarak Nath Das, who were then placed in possession of the flat.

During the trial, the second purchasers claimed they were bona fide buyers who had purchased the flat in good faith after an earlier booking elsewhere fell through. They also alleged that Basantani’s agreement had been cancelled due to non-payment. The court rejected these arguments, pointing out that there was no evidence of cancellation and that the builders themselves failed to appear in court to justify their actions, resulting in proceedings against them being conducted ex parte.

The judge further ruled that a registered agreement amounts to public notice, dismissing the defence that the occupants were unaware of the prior sale. The court held that the Das couple was occupying the flat without legal title, entitling Basantani, as the lawful owner, to immediate possession.

As part of the final order, the court granted the occupants two months to vacate and hand over possession of the apartment to Basantani. To safeguard the property from future misuse, a permanent injunction was issued restraining all defendants from selling, transferring, or dealing with the flat in any manner. The builders and the illegal occupants were also directed to bear the costs of the long-pending litigation.

The ruling serves as a strong reminder of the legal sanctity of registered property agreements and offers reassurance to property owners—particularly NRIs—facing fraudulent resales and illegal occupation.