MUMBAI: The Bombay City Civil Court has concluded a 15-year legal dispute, granting eviction of trespassers from the Dahisar apartment of an NRI businessman, Suresh Basantani. Judge BD Pawar ruled in favor of Basantani, who had learned his home was “resold” and occupied while he was living abroad.
Judge Pawar emphasized that once a registered agreement is executed and the title is transferred, the seller loses any rights to the property. He stated, “As defendant Nos 1 and 2 (Siddhivinayak Builders and promoter) already transferred the title of the suit flat to the plaintiff, they could not transfer it again to defendant Nos 4 and 5 (third parties).” The ruling further clarified that Basantani’s prior registered agreement invalidated the second sale, making it “illegal, null and void.”
The dispute traces back to 1997, when Basantani bought a flat in Siddhivinayak Tower from M/s Siddhivinayak Builders. He paid Rs 7.76 lakh and took possession in 2002, later renovating the flat. However, on a visit in May 2005, he found the locks changed. An investigation revealed that the developers had executed a second sale deed for the same flat in February 2005 to Sweta Tarak Nath Das and Tarak Nath Das, who then claimed rights to the property.
During the proceedings, the secondary purchasers argued they were “bona fide purchasers” who had acted in good faith following a failed booking in another project. They claimed Basantani’s original agreement was canceled due to alleged non-payment. The Judge, however, found no supporting evidence and noted the builders did not appear in court to defend their actions.
The Judge dismissed the defense that the occupants were unaware of the prior sale, highlighting that a registered agreement constitutes constructive notice. He further stated, “Defendant Nos 4 and 5 (the Das family) occupy the suit flat without title. Thus, the plaintiff (Basantani) is entitled to possession as the rightful owner.”
The final decree allows the occupants two months to vacate the premises and return possession to Basantani. To prevent future complications, the Judge issued a perpetual injunction against the defendants, restraining them from any dealings with the flat. The builders and occupants are also ordered to cover the costs associated with this lengthy case.
