Thursday, April 23, 2026
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Redevelopment, Eviction & Transit Rent – Dispute of family members

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There is dispute between three brothers over Flat No.12 of the building under    The Developer approached the High Court under Section 9 of the AA for interim measures and possession.

By the order dated 16.4.2025 under Section 9 of the AA for interim measures, the learned Single Judge permitted the respondent no.1 Developer to approach the Court Receiver for execution of tripartite agreement in respect of the flat to carry out re-development of the building and to pay all amounts to Smt. Leena Haldar.  

Two brothers have filed appeals against the said order.  Ownership is claimed by Ritesh and possession is with Leena wife of another brother Rohitesh.  Ritesh claimed that Leena is his gratuitous licensee.  Ritesh has filed eviction suit.

HELD that the redevelopment process cannot be utilized for eviction of an occupant from old premises and that possession of PAA must be handed over and transit rent must be paid to the person in possession of the old premises.  In ordinary circumstances, Ritesh will have to secure a decree from the court for eviction of Leena.  He cannot circumvent the law and use redevelopment process to evict Leena. 

Transit rent is to be paid to the person who was dishoused from the premises and that the dishoused person shall be put back in possession on completion of the redevelopment.

Vipul Fatehchand Shah Vs. Nav Samir CHS (Commercial Appeal (L) No.25162 of 2023 decided on 6.10.2023) and Harshad Shah Vs. Labharti Realities and others (Appeal (st) No.29617 of 2023 decided on 25.10.2023.

Judgment dated 24.6.2025 of the Division Bench of the High Court of Bombay in Commercial Arbitration Appeal (L) No.14486 of 2025 of Ritesh Haldar  Vs.   Elite Housing LLP and others with connected matters

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