Bombay High Court
Teena Hoshang Jilla @ (Teena Mohammed ... vs Jayshree Shah on 27 July, 2021
Author: G.S. Patel
Bench: G.S. Patel
5-IAL-15230-2021 IN SL-15227-2021.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 15230 OF 2021
IN
SUIT (L) NO. 15227 OF 2021
Teena Hoshang Jilla Alias (Teena Mohammed ...Applicant/
Roshan) Plaintiff
Versus
Jayshree Shah ...Defendant
Mr Pradeep J Thorat, with Aditi S Naikare, for the Plaintiff.
Mr NP Wagle, for the Defendant.
CORAM: G.S. PATEL, J
(Through Video Conferencing)
DATED: 27th July 2021
PC:-
1.The dispute is in regard to Room No.13 on the first floor, Sonawala Building, Marwadi Chawl, Tardeo, Mumbai 400 007. I am not concerned with the exact sq ft area of the premises. The Plaint says that one Dorabji Siganporia was the tenant of a corporate entity, Tardeo Properties Private Limited which was the owner of the building. Tardeo Properties has been a litigant in this Court in several matters before, some of them relating to Sonawala Building. Dorabji died and was survived by his widow, Almai, and their two daughters Mani and Raty. Raty was married to one Peshotan Chaina.
Page 1 of 527th July 2021 ::: Uploaded on - 27/07/2021 ::: Downloaded on - 28/07/2021 05:56:41 ::: 5-IAL-15230-2021 IN SL-15227-2021.DOC They had a daughter named Roshan. She married one Hoshang Jilla. Roshan and Hoshang had two daughters, Peenaz and Teena. The latter, Teena, is the present Plaintiff.
2. Mani (the Plaintiff's grandaunt) died unmarried and without lineal descendants.
3. It seems that after Dorabji's death, Tardeo Properties or its predecessor-in-title transferred the rent receipt to the name of his widow, Almai. On her death it was transferred to the name of the unmarried daughter Mani. After Mani's death, Tardeo Properties has not issued rent receipts after the year 2013. The Plaint proceeds on this basis and then goes on to say that other utilities such as telephone and electricity bills are also in Mani's name. Teena says that she and her sister, Peenaz were looking after Mani. They appointed the Defendant, Jayshree, as a caretaker to look after Mani from 2008 to 2016. Jayshree lived nearby and needed work. She provided care for Mani and also cooked at the residence. Jayshree then left the services of Mani and thereafter a neighbour, Tehmi Gandhi, looked after Mani until the end of her days. Teena says that she and her husband took care of Mani's medical needs. In May 2021 Mani suffered a fall. She fractured her hip joint. She was hospitalized. Ultimately she passed away were recently on 27th June 2021.
4. In paragraph 8, Teena says that after Mani died she and her sister, Peenaz visited Room No. 13 to prepare for Mani's last rites. She requested her driver to lock Room No.13. He did so and this Page 2 of 5 27th July 2021 ::: Uploaded on - 27/07/2021 ::: Downloaded on - 28/07/2021 05:56:41 ::: 5-IAL-15230-2021 IN SL-15227-2021.DOC was in the presence of the neighbour Tehmi Gandhi. On 28th June 2021, according to Teena, she was told by Tehmi that Jayshree and her nephew, Kaushil Deepak Shah, had broken open the lock on Room No.13 and forcible entered the flat. On making enquiries, Jayshree claimed that she was the "owner" of Room No.13. She demanded a large sum to vacate the premises. Teena says that Jayshree did not permit her to remove Mani's personal belongings. All attempts to reason with Jayshree fails. Teena filed an FIR on 3rd July 2021 with the Tardeo Police Station.
5. The case is that Jayshree has no right whatsoever in respect of this flat.
6. Mr Wagle appears for Jayshree on notice. His instructions are to state that one of Jayshree's ancestors, one Hansraj H Shah, was a "joint tenant" with Mani in respect of Room No.13. Prima facie, that seems inconceivable for Mani had other family. But Mr Wagle's states that he has documents to show this and requests time to file an Affidavit in Reply bringing this material on record. He also says that there are no belongings of Mani in the flat and that Teena's sister, Peenaz has taken away everything that belong to Mani.
7. While I will give Mr Wagle time to file a Reply, evidently the property needs to be preserved and protected from further alienation, claims or complications. Neither party is prejudiced if the property itself is protected. I am not disturbing anyone's possession. The Court Receiver will stand appointed of Room No.13 on the first floor of Sonawala building, Marwadi Chawl, Tardeo, Page 3 of 5 27th July 2021 ::: Uploaded on - 27/07/2021 ::: Downloaded on - 28/07/2021 05:56:41 ::: 5-IAL-15230-2021 IN SL-15227-2021.DOC Mumbai 400 007 with immediate effect. He is take symbolic possession. He is to make a report as to who is found in possession. The person in possession will be required by virtue of this order to produce before the Court Receiver all documents showing the entitlement of that person to be in possession.
8. As to the belongings, the Court Receiver will while taking symbolic possession allow representatives of both sides to remain present. The Plaintiff will be asked to identify any personal items of Mani Siganporia. If there are any disputed items, the Court Receiver will have these placed in a secure cupboard or closet which the Court Receiver will lock and seal, and which neither party will open without leave of this Court. If there any items that are without controversy identified as belonging to Mani, then Teena or her sister, Peenaz, will be entitled to remove them and the Defendant, Jayshree is not to obstruct. I am making it clear that I will not permit any person other than Jayshree to claim rights in respect of Room No.13. It makes no difference how Jayshree says that she has reentered or entered Room No.13 or whether she claims she was always there. Jayshree herself through her Advocate makes no case that other than her anyone else has a right in respect of the room.
9. This order is without prejudice to the rival rights and contentions. All contentions on behalf of Jayshree are kept open.
10. Mr Wagle says "other heirs" of Hansraj "come and go". Today there are no particulars of these persons, or their connection to Jayshree. If any "heirs" of Hansraj Shah have any claim, they are Page 4 of 5 27th July 2021 ::: Uploaded on - 27/07/2021 ::: Downloaded on - 28/07/2021 05:56:41 ::: 5-IAL-15230-2021 IN SL-15227-2021.DOC at liberty to make an appropriate application before this Court. They cannot simply claim those rights by force.
11. The Affidavit in Reply is to be filed and served on or before 17th August 2021.
12. All further and future filings will conform to the Full Court decision of 16th June 2021, now notified by the Government on 14th July 2021: they are to be on good quality A4 white paper of 75 GSM with an inner margin of 5 cm, an outer margin of 3 cm, in Times New Roman or Georgia font, with a font-size not less than 14 point. The margin and font specifications do not apply to facsimile reproductions of annexures (i.e. similar to photocopies), but all annexures must also be on white A4 paper.
13. List the matter on 23rd August 2021.
14. This order will be digitally signed by the Personal Assistant of this Court. All concerned will act on production of a digitally signed copy of this order.
(G. S. PATEL, J) Page 5 of 5 27th July 2021 ::: Uploaded on - 27/07/2021 ::: Downloaded on - 28/07/2021 05:56:41 :::