In a landmark verdict providing immense relief to a long-suffering homebuyer, a Mumbai civil court has directed two residents of Goregaon to immediately vacate a residential flat they have been unlawfully occupying for over a decade after selling it. The judgment brings closure to a 13-year ordeal for the purchaser, who had paid the full agreed amount but was denied possession.
A Decade-Long Wait for Possession
The legal saga began when Mangilal Jain purchased a 675 square foot flat at Rekha Villa in Jawahar Nagar, Goregaon, from sellers Gajendra Jain and Kiran Jain in May 2013. A registered sale agreement was executed, and the buyer paid the total consideration of Rs 71.47 lakh. This payment included clearing the sellers' outstanding mortgage with a private bank to facilitate a smooth transfer.
Despite fulfilling his financial obligations, Mangilal Jain was shockingly refused possession of the property. The sellers, in a startling turn, claimed that the actual purchase price had been orally agreed at Rs 1.38 crore—almost double the amount documented—and alleged that the buyer still owed them Rs 77 lakh. This forced the purchaser to initiate legal proceedings in 2016.
Court Dismisses Sellers' Claims, Upholds Buyer's Rights
During the intense court proceedings, the defendants failed spectacularly to provide any credible evidence to support their claim of a revised oral agreement for Rs 1.38 crore. The court meticulously examined the documentation and found the buyer's evidence of full payment to be conclusive.
"There is absolutely no evidence of oral agreement whereby the consideration amount was fixed at Rs 1.38 crore," the judge noted emphatically. The court further stated, "There is also no evidence to show that the plaintiff is in arrears of Rs 10 lakh towards the original consideration amount."
The judge concluded that the plaintiff had definitively proven his ownership through the registered agreement and payment receipts, while the sellers had "left no interest in the suit property" after the sale was completed.
Final Verdict and Directives
In a decisive ruling, the court declared the sellers' occupation as completely unlawful. "I am of the view that the plaintiff is owner of the suit property and defendant nos 1 and 2 are in unlawful possession of it," the judge ruled.
The court has granted the sellers a two-month window to voluntarily hand over vacant and peaceful possession of the flat. Failure to comply will authorize the buyer to secure the property through a court officer. Additionally, the judge has ordered:
- An inquiry into mesne profits (compensation) for the years the buyer was deprived of his property.
- The housing society to officially transfer the share certificate to the new owner, Mangilal Jain.
- The defendants to pay all legal costs incurred by the plaintiff in this long battle.
This judgment serves as a strong warning against fraudulent practices in real estate transactions and reinforces the sanctity of registered sale agreements. It highlights the judiciary's role in protecting the rights of homebuyers against unlawful possession and arbitrary demands.
