Court Orders Eviction of Trespasser From Dadar Hindu Colony Flat
A Mumbai civil court this week ordered the immediate eviction of a man illegally occupying a 500-square-foot flat in Dadar Hindu Colony. Judge A H Baig ruled that a service relationship, such as that of a caretaker or domestic help, does not constitute a family relationship under the law, nor does it grant tenancy inheritance rights.
The dispute centered on a ground-floor premises in the Mangesh Mahalaxmi building on Khareghat Road. The eviction suit was initiated in 2013 by Hemant and Vineet Sardar, the US-based owners of multiple buildings on the road, following the death of the original tenant, Meera Tendulkar, in November 2011.
The owners argued that the occupant, Madhukar Kadam, and his late father—who was employed as Tendulkar’s domestic help—had no legal right to the property. They asserted that Kadam's occupancy was merely allowed out of the original tenant's sympathy.
Kadam countered that his father was Tendulkar's cousin and that they had lived together as a family since 1965. He claimed this relationship entitled him to inherit the tenancy, presenting a 2011 declaration letter and pointing to rent paid via a joint bank account. He also argued the lawsuit was an act of harassment and that the matter fell under the exclusive jurisdiction of the Small Causes Court.
However, Judge Baig rejected Kadam's claims, noting that Kadam and Tendulkar belonged to different castes and native regions. Furthermore, Kadam was unable to provide basic details about Tendulkar's family background or gotra. The court also observed that Kadam had no evidence of any rent being transferred to his name after Tendulkar passed away, which the judge stated collapsed his entire defense.
Regarding Kadam's reliance on a ration card, the judge observed that having one's name on the card is strictly for rationing purposes and does not make someone a relative or grant tenancy rights. The court ruled that long-term possession does not establish tenancy, and Kadam's status became that of an encroacher once permission was withdrawn.
