SC Allows Partial Withdrawal of Transit Rent for Plaintiff in Property Redevelopment Case.
06 January 2025
Property Law >> Personal Law
The petitioner’s appeal concerns the development and construction over a family property. Initially, the petitioner sought a 1/9th share in the ancestral property, later revising the claim to 1/6th. In response to a Notice of Motion filed by the contesting defendant, the Bombay City Civil Court dismissed the motion on 15.03.2023. However, the High Court, in its order dated 23.10.2023, allowed the redevelopment of the property by the appellant and co-owners without the consent of the plaintiff, subject to certain conditions. The court outlined specific agreements for the grant of permanent alternate accommodation to the plaintiff and the defendant, detailing the corpus amount, transit rent, and other charges. The amounts deposited by the developer are to be managed by the City Civil Court and invested in interest-bearing deposits.
The petitioner raised concerns about securing temporary accommodation while vacating the property for redevelopment. The court, considering the plaintiff's argument, allowed the plaintiff to apply to the City Civil Court for the withdrawal of the transit rent corresponding to 1/9th of the share of the property, contingent on the plaintiff vacating the premises by 10.02.2025. The plaintiff must file an undertaking confirming the vacating of the property by the stipulated date. The Special Leave Petition was disposed of with this intervention, and any further claims will be decided based on the outcome of the partition suit.