Final Order 1

Order Details: Order Below EX 1
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IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
C.C. No. 921/N/2019
CNR No.MHMM180093542019
ORDER BELOW EXH1
1. This is an application under section 457 of Cr.P.C.
seeking possession and keys of room No.10, Chawl No.1, CTS No.56,
Chandrikabai Hublal Chawl, Saibaba Road, Jawahar Nagar, Khar (E),
Mumbai.
2. The say of concern police/respondent has been called. It
is informed that Lawrence Louis Vegas, age71 Yrs, was residing in
said room No.10. He committed suicide. As there was no suspicion
against anyone, inquiry was conducted regarding unnatural death. In
inquiry, it reveals that the deceased was residing alone. Therefore, a
lock was put on the said room. Till date, no legal heir of the deceased
claimed right over the said room. Therefore, respondent/police
replied to pass appropriate order.
3. Applicant claimed that he is son of original owner
Chandrikabai Hublal Sharma and power of attorney of all the other
legal heirs i.e. all the owners of the said chawl. The copy of power of
attorney is filed alongwith the application ExhB. The Chandrikabai
has been died. Her death certificate is at ExhA. As such, the
applicant is the landlord. It is contended that the tenant Lawrence
Lewis Vagas has committed suicide. His wife predeceased to him and
he has no children or descendants or legal heirs. Since his death, and
even after the inquiry the room premises has been lock down and
despite request ExhC made
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to the concern police/respondent, they did not handover the keys.
Therefore, being entitled for the possession of said room, the
applicant sought possession and the keys.
4. As the room premises has been locked by the Nirmal
Nagar police station/respondent, after the inquiry, same amounts to
its seizure vide section 457 of Cr.P.C. Thus, this court has jurisdiction
to decide the entitlement of possession irrespective of title. Same is
also hold by the Hon'ble Bombay High Court in case of Anup R.
Kantak Vs. State and Anr.; 2000 Cr.LJ 1078 (relied upon by the
applicant).
5. As per the say of respondent, nobody claimed the
possession of the room on behalf of the deceased tenant. The
applicant being landlord, has right to possess the room premises on
behalf of all the landlords. The applicant has been authorized to act
on behalf of other landlors as per the power of attorney ExhB.
Therefore, no other inquiry is required to see the entitlement of
possession by the applicant.
6. Resultantly, the applicant being landlord entitled the
possession of the said room. Therefore, application have to be
allowed, as prayed for. The order does not confer any title, right or
interest in the property. Hence, following order :
ORDER
i) Application allowed vide section 457 of Cr.P.C.
ii) The concern police, Nirmal Nagar police
station/respondent are directed to handover possession
and keys to the applicant.
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iii) The applicant shall file undertaking to handover the
vacant possession, if required and ordered by this court
or by any other competent authority.
Date: 17.02.2020 (Sudhir N. Shinde),
Ssl. Metropolitan Magistrate, 32nd Court,
Bandra, Mumbai.
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