In a landmark ruling that underscores the legal weight of registered property documents, the Bombay City Civil Court has finally brought closure to a 15-year legal ordeal for a Non-Resident Indian (NRI) businessman. The court ordered the immediate eviction of trespassers who had illegally occupied his apartment in Mumbai's Dahisar area.
A Dream Home Turned Legal Nightmare
The case revolves around Suresh Basantani, a businessman based in Khar but residing in Abu Dhabi. His troubles began in 1997 when he purchased a flat in Siddhivinayak Tower from M/s Siddhivinayak Builders. After paying the full amount of Rs 7.76 lakh and receiving formal possession in 2002, Basantani invested in renovating the property before returning to the United Arab Emirates for work.
The shocking discovery came during a visit to Mumbai in May 2005. Basantani found the locks to his own apartment changed. Upon investigation, he learned that the developers, through their attorney, had executed a second sale deed for the very same flat in February 2005. The new "buyers," Sweta Tarak Nath Das and Tarak Nath Das, had been inducted into the property.
Court's Firm Stand on Property Rights
Presiding over the case, Judge BD Pawar delivered a decisive verdict firmly in Basantani's favor. The judge established a critical legal principle: once a registered sale agreement is executed and the title is transferred, the seller forfeits any right to deal with the property again.
Judge Pawar stated, "As defendant Nos 1 and 2 (Siddhivinayak Builders and promoter) already transferred the title of the suit flat in favour of the plaintiff, they could not transfer it again." The court clarified that because Basantani's agreement was not only registered but also prior in time, the subsequent sale held no legal validity. The judge explicitly remarked that the later agreement "creates no title in their favour" and is "illegal, null and void."
Defenses Dismissed, Possession Ordered
During the lengthy proceedings, the secondary purchasers, the Das couple, argued they were "bona fide purchasers" who bought the flat in good faith after a prior booking in another project fell through. They also claimed Basantani's original agreement was cancelled due to alleged non-payment.
The court, however, found no evidence to support the cancellation claim. Notably, the builders did not even appear in court to defend their actions, leading the case against them to proceed ex parte. Judge Pawar also dismissed the defense of the occupants being unaware of the prior sale. The court held that the existence of a registered agreement serves as constructive notice to the public, meaning they are legally presumed to have known.
Regarding the occupants' status, the judge observed, "Defendant Nos 4 and 5 are in possession of the suit flat without title. Therefore, the plaintiff is entitled to possession of the suit flat as its owner."
The Final Decree and Lasting Injunction
The court's final decree provides a clear path to justice for Basantani:
- The illegal occupants have been granted two months to vacate the premises and deliver possession to the rightful owner.
- To prevent any further fraudulent transactions, the judge issued a perpetual injunction against the defendants, restraining them from alienating or dealing with the flat in any manner.
- The builders and the occupants have been ordered to bear the costs of the long-running legal suit.
This ruling serves as a powerful reminder of the legal protection afforded to property owners, especially NRIs, and reinforces the paramount importance of registering sale agreements to secure one's rightful title against fraudulent claims.
