The Bombay High Court has upheld an eviction decree against renowned playback singer Preeti Sagar—famous for rendering Bollywood’s first full English song “My Heart Is Beating” in the 1975 hit film Julie—and her family members from their long-held residence in Anil Niwas, Walkeshwar Road, Mumbai.
In a detailed judgment delivered on January 29, 2026, Justice M.M. Sathaye dismissed Writ Petition No. 4051 of 1996 filed by the legal heirs of the original tenant, Sarla Ramniklal Mehta (since deceased). The petitioners include Preeti Sagar (also known as Preeti Somy Saran), her sisters Niti Uday Chandra and Namita Motisagar, and other family members.
The court confirmed the 1996 decision of the Appellate Bench of the Small Causes Court, which had reversed the Trial Court’s 1995 dismissal of the eviction suit and granted possession to the landlords—the trustees of the Sheth Amichand Pannalal Adishwar Jain Temple Charitable Trust.
The dispute originated in 1980 when the Trust instituted R.A.E. Suit No. 274/1060 of 1980 under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, seeking eviction of Room No. 5, 2nd floor, Anil Niwas (monthly rent: Rs. 173.79). The original tenant, Ramniklal Mehta, had passed away, and his wife and descendants (including Preeti Sagar’s family) continued in occupation. The Trust claimed bona fide requirement of the premises—estimated at 1,500–3,400 sq ft—for charitable objects of the Trust, namely construction of a kitchen, dining hall (bhojan shala), lecture/discussion halls, and a library to serve the thousands of daily devotees visiting the historic Jain temple, which is declared a government-recognized tourist centre.
The Trial Court in 1995 dismissed the suit, holding that the Trust failed to prove reasonable and bona fide requirement or greater comparative hardship. The Appellate Court in 1996 reversed the finding, decreeing eviction after holding that the requirement was established for the purposes of the Trust and that hardship weighed in favour of the landlords.
In the High Court, the tenants raised several grounds: the Trust being primarily religious rather than charitable (invoking stricter scrutiny under Section 13(1)(g) of the Bombay Rent Act), maintainability issues concerning the number of trustees filing the appeal, prohibition on change of user under Section 25, and a 2017 civil application seeking to introduce subsequent events (alleged availability of other premises to the Trust, lack of alternate accommodation for the tenants, and past alleged harassment).
Justice Sathaye rejected all contentions. The court held that the Trust’s constitution and scheme (Exhibit-G) clearly include charitable objects alongside religious ones, making the second part of Section 13(1)(g) applicable—requiring only proof of requirement “for the purpose of the Trust,” which was duly established. Arguments on trustee numbers, maintainability, Section 4(2), and Section 25 were dismissed as belated, unpleaded earlier, or factually inapplicable (kitchen and dining uses not being purely non-residential).
The court also declined to entertain additional evidence on subsequent events, citing inordinate delay, lack of due diligence, disputed questions of fact unfit for Article 227 jurisdiction, and the settled principle that the landlord (especially a charitable Trust) is the best judge of its own needs. The Trust had consistently offered alternate accommodation—initially around 500 sq ft in the plaint, later expanded to 750–850 sq ft during evidence—which the tenants rejected. No credible evidence showed tenant efforts to secure alternative premises, further tilting comparative hardship in the Trust’s favour.
The High Court granted the petitioners eight weeks from the date of the judgment to vacate, subject to filing undertakings that they will not create third-party interests or induct others into the premises. All related applications, including the Trust’s inspection request and the tenants’ 2017 civil application, were disposed of.
Preeti Sagar rose to prominence with “My Heart Is Beating,” a breezy, much-loved number composed by Rajesh Roshan with lyrics by Harindranath Chattopadhyay that became one of the signature tracks of 1970s Bollywood. The family has occupied the Walkeshwar flat for decades; the ruling brings closure to a legal battle spanning more than 45 years.
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