Bombay High Court Orders Eviction After 32-Year Legal Battle Over Shop Tenancy
The Bombay High Court has ordered the eviction of a woman from a commercial shop in Navi Mumbai after a 32-year legal dispute, holding that the use of the word "rent" alone does not establish tenancy rights. Justice Sandeep Marne dismissed petitions filed by Navina Dinesh Shetty and directed her to hand over possession of a shop at APMC Market, Vashi, to its owner Shaikh Ayub Rehman by September 30, 2026.
The dispute stemmed from two 11-month "Caretaker Agreements" signed in 1994 and 1995, under which Shetty occupied the shop for monthly payments of Rs 1,800 and Rs 2,000. While the trial court treated her as a tenant, the appellate court later held she was merely a licensee without tenancy rights.
The High Court upheld this finding, observing that the entire agreement must be considered to determine the nature of the arrangement. The court noted that treating temporary licences as permanent tenancies would discourage property owners from allowing temporary use of their premises. The owner had stopped receiving compensation payments after September 2012.
