Occupier Of Flat Entitled To Transit Rent For Period Of Dispossession During Redevelopment: Bombay High Court

Case: Maniar Associates LLP Vs. Vijay Niwas Co-op. Hsg. Soc. Ltd. & Ors

Coram: Justice GS Kulkarni

Case No.: 917-carbpl 4301-22

Court Observation: “The fact remains that as respondent no.3 (occupier) is in possession of the tenement in question and would now be handing over possession of such tenement to the petitioner/society… The party who is dispossessed would be entitled to the transit rent as it is such party who is put to hardship.”

“It needs to be noted that, it is quite settled that the minority members of the society cannot take a position contrary to the will of the majority members of the society.”

“Mr. Shah’s contention in my opinion, is fair and correct as in the present proceedings, it is not possible for this Court to determine any rights either of respondent nos.2 and 3 qua the flat in question, as such rights are the already subject matter of the pending suit,”

“Needless to observe that in the event the inter se rights between respondent nos. 2(flat owner) and 3 (occupant) are not decided in the pending suit between these parties, on the day the construction of the building is complete and possession of the redevelopment premises is to be handed over, in such event, as respondent no.3 (occupant) shall be handing over the possession of the flat in question, the petitioner/society shall hand over possession of the redeveloped premises to respondent no.3, which shall be subject to the final orders which may be passed in the pending suit.”

Maniar Associates LLP Vs. Vijay Niwas Co-op. Hsg. Soc. Ltd. & Ors