Eviction executed

The tenuous and often contentious relationship between tenant and landlords, and between tenants themselves, claimed yet another victim this May. Pervez Cooper, who occupied over 5,500 square feet in Nazir House on 6/12 Calicut Street in Ballard Estate, was, along with around 50 other tenants, forcibly evicted by the Mumbai Port Trust (MbPT) authorities who were accompanied by a posse of police on May 15, 2015.

In a letter dated May 14, 2015 addressed to the Senior Inspector of Police, Mata Ramabai Ambedkar Marg, Police Station the MbPT stated that under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 "the order of eviction passed by the then Estate Officer (EO) against the respondent has become enforceable. The respondents have failed to hand over possession of the premises. The petitioners herein are therefore entitled to take possession of the premises."

The letter called on the police "to render and use such police force that may be necessary… for taking possession of the public premises (and) if found locked… break open the locks… and enter the premises."

The ground plus two storey Nazir House situated on the MbPT land was leased to the Nazir family who had reportedly transferred the ownership of the building to a Perin Firozi. She collected the rent from the tenants but at some point allegedly failed to pay the amount due to the MbPT, states Cooper.

In a letter dated November 16, 2005 from the MbPT to presumably Firozi’s lawyer, the assistant estate manager, southern division, observed, "I have to state that your clients have no privity of contract with MbPT, however, as matter of courtesy, I have to inform you as under:

"A suit was filed against the lessees for breach of unauthorized construction on open space and failure to carry out repairs. An ex parte decree was passed in favor of this Port Trust which was challenged by the lessees. The ex parte decree was set aside.

"In the meantime, lessees unauthorizedly assigned the premises to Perin F. Firozi without any permission from MbPT. Thus Firozi has no locus standi: there being no privity of contract with the MbPT."

The MbPT has reportedly filed a claim against the lessees for six crore rupees worth of tax arrears, says Cooper, adding the demand is being challenged in the Bombay High Court.

In 2009, when the tax dues were around two crore rupees, Cooper said the tenants had met the then MbPT chairman who, after sympathetically hearing their narration of events, had told them to pay 30% of the dues and then he would see what could be done. Unfortunately there was no unanimity amongst the tenants, lamented Cooper, with many of them stating they have already paid the taxes to the landlord and were not going to pay the dues a second time.

A case filed by Cooper’s concern City Warehousing Corporation resulted in a status quo order up to September 20, 2011. A writ petition was then filed "which is pending." However, "there is no stay on execution in respect of the order passed by EO dated May 22, 2009," notes the MbPT letter of May 14, 2015.