Despite ownership rights, realty firm can’t access Sadhana’s flat

Despite ownership rights, realty firm can’t access Sadhana’s flat
HC says the firm will have to take Sadhana’s written permission, through her lawyers, to access the ground floor of the Santacruz property.

In some relief to yesteryear actor Sadhana, who has been fighting a property dispute with a realty firm, the Bombay High Court denied the firm complete access to her rented residence in Santacruz. The firm will have to take Sadhana’s written permission, much in advance and through her lawyers, to access the flat for repairs and renovation.

Sadhana has been living in the 3,000 sq ft ground-floor flat of the three–storey structure, “Sangeeta”, which earlier belonged to Asha Bhosle, for over 50 years. In 2012, the singer sold it to Kakad Realty, a subsidiary of the Princeton Universal LLP. At the time, Sadhana called it a ploy to evict her.

Soon after buying the property, Kakad Realty put up a huge board on iron poles in the garden outside Sadhana’s flat, to which she had objected.

Princeton then filed a suit in High Court in February last year, and an application in March, seeking directions against Sadhana. The firm said she should not obstruct their representatives from accessing her side of the property. It also sought that Sadhana not be allowed “to deface the realty firm’s name board, trespass on the remaining open space inside the compound, interfere with the right of the security guards and interfere with the firm’s development of the property”.

In her defence, the actor, represented by Advocate Prem Gidwani, produced separate water bills for her flat as well as for the garden. The last bill produced was of June 1983, carrying the owner’s name as well as Sadhana’s father’s name as “care of”.

The court accepted this as proof of tenancy and turned down the firm’s request. The court also denied Kakad Realty complete access to Sadhana’s side of the bungalow. Justice Roshan Dalvi, in her order, allowed the realty firm to repair and renovate the first and second floors of the bungalow.

During one of the earlier hearings in the case, the firm had consented to an order passed by the court asking them to remove the board and iron poles from the garden.

The employees of the contractor also agreed to enter the bungalow only through the main gate “without disturbing Sadhana”.

In case the firm staffers want access to Sadhana’s residence, they will have to seek her permission through a written request, specifying the reasons. Also, this request will have to be routed through the lawyers from both sides. In case the firm needs to carry out any soil survey or testing on the plot, it will have to give a 48 hours notice to Sadhana’s advocate.

When approached, Sadhana refused to comment, saying the case was subjudice.

Meanwhile, Malav Kakad, Managing Director of Kakad Realty, refused to comment on the issue.