Shilpa’s dad gets contempt notice for not vacating flat rented in ’67
Businessman Surendra Shetty clings on to the 2BHK flat in Chembur despite his family owning two large apartments in Versova.
Actress Shilpa Shetty’s father Surendra Shetty is facing contempt proceedings in the Bombay High Court for not giving up possession of a flat in Chembur that his family had rented 47 years ago.
The high court, while dismissing Shetty’s plea against eviction, had also demanded an undertaking from him that he will give up possession of the 2BHK flat within 12 weeks from the day if he failed to get relief from the Supreme Court. The deadline had ended on May 20, even as Shetty’s plea was pending before the Supreme Court, which also dismissed the same on August 5.
The 750 sq ft flat, in Dev Darshan building, is valued at more than Rs 2 crore, and was taken on lease in the name of Surendra Shetty’s mother Shambhavi in 1967. Shilpa’s teenaged years were spent in that house.
Shetty, a pilot-turned-businessman, had shifted out of the flat nearly 17 years ago, after Shilpa found success in Bollywood. However, the property owner, Irene Lobo, couldn’t reclaim possession because of the provisions of the Bombay Rents, Hotel Lodging, and House Rates Control Act, 1949, which protects those covered from illegal eviction. As per the Act, tenants cannot be evicted so long as they “pay, or are willing to pay, the rent and permitted increases”. The Act, which has been misused to such an extent that the current leave-licence agreements were brought into effect, further says that tenants could be evicted only of the court is satisfied that no hardship would be caused either to the tenant, and the onus will be on the owner to prove he/she needs the premises for his/her own usage.
The Lobos initiated proceedings against Shetty in 1998 in the small causes court, submitting that Shilpa and her mother Sunanda owned an apartment each in Versova (the Lobos have said that they found out about the deals through a film trade magazine). Lobo also said that the Shettys haven’t been residing in the Chembur flat anymore. On the point of ‘bona fide requirement’ of the premises, the Lobos said that Irene was 75-year-old, and needed assistance from her domestic helps at all times. The Lobos said that Irene’s daughter Zeena’s family, comprising her husband and daughter, needed the flat as the family also needed to accommodate four domestic helps looking after Irene.
Shetty’s defence – which was dismissed by the small causes court and the high court – said that the Lobos resided in a 2,000 sq ft flat which was ‘large enough’ to accommodate the entire family. Regarding the Versova flats, especially the one in his wife Sunanda and daughter Shamita’s name, he said that Sunanda was a tax-payer, and it cannot be concluded that he had contributed financially while purchasing the property.
The Lobos, however, argued that Shetty didn’t furnish the income-tax details to prove he hadn’t invested in the Versova properties, which was accepted by the courts.
Surendra Shetty and Shilpa Shetty remained unavailable for comment, while the Lobo family alleged that Surendra refused to accept the documents when a court bailiff recently visited his house to serve the contempt notice. The Lobos refused to comment further.
Actress Shilpa Shetty’s father Surendra Shetty is facing contempt proceedings in the Bombay High Court for not giving up possession of a flat in Chembur that his family had rented 47 years ago.
The high court, while dismissing Shetty’s plea against eviction, had also demanded an undertaking from him that he will give up possession of the 2BHK flat within 12 weeks from the day if he failed to get relief from the Supreme Court. The deadline had ended on May 20, even as Shetty’s plea was pending before the Supreme Court, which also dismissed the same on August 5.
Now, the Bombay High Court Justice R G Ketkar has issued him a notice following a petition filed by the property owner, saying why action shouldn’t be initiated as per the Contempt of Courts Act. The matter is likely to come up for hearing on September 12.
The 750 sq ft flat, in Dev Darshan building, is valued at more than Rs 2 crore, and was taken on lease in the name of Surendra Shetty’s mother Shambhavi in 1967. Shilpa’s teenaged years were spent in that house.
Shetty, a pilot-turned-businessman, had shifted out of the flat nearly 17 years ago, after Shilpa found success in Bollywood. However, the property owner, Irene Lobo, couldn’t reclaim possession because of the provisions of the Bombay Rents, Hotel Lodging, and House Rates Control Act, 1949, which protects those covered from illegal eviction. As per the Act, tenants cannot be evicted so long as they “pay, or are willing to pay, the rent and permitted increases”. The Act, which has been misused to such an extent that the current leave-licence agreements were brought into effect, further says that tenants could be evicted only of the court is satisfied that no hardship would be caused either to the tenant, and the onus will be on the owner to prove he/she needs the premises for his/her own usage.
The Lobos initiated proceedings against Shetty in 1998 in the small causes court, submitting that Shilpa and her mother Sunanda owned an apartment each in Versova (the Lobos have said that they found out about the deals through a film trade magazine). Lobo also said that the Shettys haven’t been residing in the Chembur flat anymore. On the point of ‘bona fide requirement’ of the premises, the Lobos said that Irene was 75-year-old, and needed assistance from her domestic helps at all times. The Lobos said that Irene’s daughter Zeena’s family, comprising her husband and daughter, needed the flat as the family also needed to accommodate four domestic helps looking after Irene.
Shetty’s defence – which was dismissed by the small causes court and the high court – said that the Lobos resided in a 2,000 sq ft flat which was ‘large enough’ to accommodate the entire family. Regarding the Versova flats, especially the one in his wife Sunanda and daughter Shamita’s name, he said that Sunanda was a tax-payer, and it cannot be concluded that he had contributed financially while purchasing the property.
The Lobos, however, argued that Shetty didn’t furnish the income-tax details to prove he hadn’t invested in the Versova properties, which was accepted by the courts.
Surendra Shetty and Shilpa Shetty remained unavailable for comment, while the Lobo family alleged that Surendra refused to accept the documents when a court bailiff recently visited his house to serve the contempt notice. The Lobos refused to comment further.
