Bombay High Court Rejects Nephew's Claim for Tenancy Rights: Mere Relationship Without Proof of Residence Insufficient

The Bombay High Court dismissed a revision application filed by Pradeep Kumar Lalit Kumar Pandya, who sought tenancy rights under Section 7(15)(d) of the Maharashtra Rent Control Act, 1999. Justice Sandeep V. Marne upheld the concurrent findings of the Trial and Appellate Courts, which had rejected Pandya’s claim for failing to prove his residence in the tenanted premises as part of the family of the deceased tenant, Dr. Ramanlal Chhaganlal Upadhyaya.

The applicant, the son of the deceased tenant’s sister-in-law, contended that he had resided with the tenant since 1953 as a family member and sought recognition as a tenant after the original tenant’s death in 2003. Rejecting the claim, the Court clarified that the term "family" under Section 7(15)(d) must be interpreted to include only those individuals who not only share a familial relationship with the tenant but can also prove continuous residence in the premises as a part of one family unit.

“Mere relation with the tenant and occasional visits or residence in the suit premises are insufficient to meet the requirements of Section 7(15)(d) of the MRC Act.”

The Court found that distant relations, like the applicant, must meet a higher burden of proof to establish tenancy claims, particularly when they are not immediate family members such as a spouse, child, or sibling.

The applicant failed to produce concrete evidence to establish his continuous residence in the suit premises. Key findings included:

Ration Card Inclusion: The applicant’s name was added to the deceased tenant’s ration card only six months before the tenant’s death, undermining claims of long-term residence.

Conflicting Testimony: Witnesses produced by the applicant, including a newspaper vendor and a shopkeeper, gave contradictory statements. A crucial witness admitted that the applicant merely visited the premises occasionally before 2003.

Passport Address: The applicant’s passport issued in 1994 showed a different residential address (Parel), further weakening his claim.

Neutral Witness Testimony: The deceased tenant’s constituted attorney, Arvind Kamdar, testified that the applicant and his wife forcibly entered the premises in early 2003, shortly before the tenant’s death. The Court found this testimony credible and neutral, noting that the deceased tenant had entrusted Mr. Kamdar with all personal and financial affairs rather than the applicant.

The Court observed that while photographs and documents like bank statements were submitted by the applicant, most pertained to periods after the tenant’s death and did not demonstrate continuous residence during the tenant’s lifetime.

The judgment underscored the protective intent of rent control laws, aimed at shielding immediate family members of a deceased tenant from eviction. The Court explained that Section 7(15)(d) is not meant to pass tenancy rights to distant relatives or casual occupants. Justice Marne remarked:

“The legislative intent behind Section 7(15)(d) is to protect immediate family members residing with the tenant, not to create inheritable rights for distant relatives.”

The applicant’s claim, the Court noted, was inconsistent with the legislative objective, as he failed to prove that the premises were his sole home or that he would be rendered homeless without the tenancy.

The Court declined to interfere with the concurrent findings of the Trial and Appellate Courts, citing no jurisdictional error or perversity in their conclusions. It reiterated the limited scope of revisional jurisdiction under Section 115 of the Code of Civil Procedure, which does not permit re-evaluation of evidence unless material irregularity is demonstrated.

The revision application was dismissed, and the Court also highlighted the protracted nature of the litigation. It noted that the landlord had already filed a separate eviction suit, pending for 18 years, and urged the lower court to expedite its resolution.

Date of Decision: December 11, 2024