BPP: Appeal dismissed

A sessions court in Bombay recently dismissed an appeal filed by Dr Zuleika Homavazir, a college professor against Bombay Parsi Punchayet (BPP), claiming ownership rights of a flat in Rustom Baug. The criminal revision application was against an order passed in 2015 by the metropolitan magistrate in Mazgaon, which had also dismissed her plea, reported The Indian Express (IE) dated April 24, 2017. The court observed that Homavazir "had not placed on record a single document on the auction of the flat in her favour,” and that "no written contract between the accused and the complainant regarding the sale of the flat was filed.” Dismissing the plea, the court observed that the complaint is "purely of a civil nature.”
According to the report, the lecturer had emerged as the highest bidder at an open auction of one of the flats in Byculla in 2011 and had "deposited five lakh rupees as earnest money... she further paid the entire consideration of Rs 1.41 crore..” The report notes that the appellant claimed that "after the receipt of the money, the accused (were) not ready to execute the sale deed and transfer the title of the flat in her favor” despite her having made many representations. Homavazir’s plea, also seeking criminal action against the trustees of the BPP, stated that the trust had "conspired to benefit the second highest bidder by claiming that the flat was not auctioned for sale but only on a leave and licence basis.”
"It appears from the record that after taking possession of the flat, the complainant is claiming her ownership right in the flat,” stated the judgment.