Following a 15-year-long legal dispute, a 52-year-old businessman has regained part of his property on Madh Island from a caretaker family. The city civil court directed a mother-son gardener duo to vacate
the service quarters they had occupied on the property.
Suit Filed Over Inherited Property
The businessman, Daryus Panthakey, had filed the suit on July 9, 2010 against Zingubai Galande and her son Arvind. Panthakey claimed that he inherited the property under a Will executed by Dr Sam Dastoor and Roshan Dastoor.
Caretaker Occupancy Explained
According to Panthakey, Zingubai was hired by Roshan Dastoor as a gardener and was permitted to reside in the domestic help quarters of the bungalow. Even after the property was transferred to his name, he allowed the Galande family to continue staying in the quarters out of trust.
Alleged Attempt to Usurp Property
Panthakey alleged that in 2009–10, he discovered that the duo had attempted to transfer the property into their own names. On March 23, 2010, he visited the premises and informed them that he would file a police complaint, following which they admitted to the illegal act and agreed to resign and vacate the quarters within a day.
Re-Entry and Police Action
After the caretakers vacated, Panthakey hired a security guard to protect the premises. However, on March 27, 2010, he found that the duo had returned with family members and alleged anti-social elements, and had manhandled the security guards to re-enter the property. He approached the Malvani police, following which three persons were arrested, and subsequently filed the civil suit.
Caretakers Claim Long Possession
The mother-son duo contended that Zingubai’s husband, Haribhau, had assisted the Dastoors in building and maintaining the bungalow and was put in charge of the property. They claimed that after Sam Dastoor’s death on May 5, 1981, Roshan Dastoor never visited the premises, and that the caretakers had been in settled and uninterrupted possession for over 40 years with the owners’ knowledge.
Court Rejects Defence
Rejecting the defence, the court observed that “a caretaker does not acquire any right or interest in the property, irrespective of the duration of possession.” The court held that caretakers are obligated to hand over possession of the property upon demand by the lawful owner.
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