Partial relief for 12 dhobis in suit over right to dry clothes on rented land

The lawyer contended that the tenants were using the entire plot to wash and dry clothes since 1963 and the landlord had not objected till filing of the suit.

THE BOMBAY High Court has granted partial relief to 12 washermen or dhobis locked in a legal battle with their landlord, also a dhobi, over their right to dry washed clothes at the rented plot of land. “No washerman is expected to give wet clothes to his customers. The washerman is expected to wash, dry and iron the clothes and handover the same to customers,” the court said last month while hearing an appeal by Ramdas Dhobi, since deceased, and his five legal heirs against their 12 tenants on the grant of an injunction on a plot of 6296.66 sq yard at Dahanukar Wadi in Kandivali (West).

Justice Mridula Bhatkar, in her order, said that while an area of 5,000 sq ft should be earmarked for the tenants only for the purpose of drying clothes, the landlord will be in possession of the entire plot. The suit was filed by the landlords in the city civil court in 1982, seeking permanent injunction on the use of their space for drying clothes. While Ramdas Dhobi had alleged that the tenants were eating into his space, the tenants had claimed that their job was only half done if they did not dry the washed clothes. The court, in July 1983, had directed the tenants “not to interfere with peaceful possession, use and occupation of the suit plot of the landlord”. Following this, the tenants had moved the HC in 1994.

Meanwhile, the tenants had also approached the small causes court to prevent the landlord from restraining them from using the plot to dry clothes. In 2010, the appellate bench of the small causes court had allowed the tenants to use the plot. The landlord had then challenged the order in the HC through a civil revision application in 2011.

The lawyer for the tenants told the HC that the landlord and the tenants had shifted to Kandivali in 1963. The lawyer contended that the tenants were using the entire plot to wash and dry clothes since 1963 and the landlord had not objected till filing of the suit. “It is absurd to allow washermen to only wash clothes and not to allow them to dry the same.”

In her order, Justice Bhatkar said, “Both the parties are dhobis by occupation, so plenty of water for washing clothes and open space for drying washed clothes is required, only washing clothes is not sufficient. No washerman is expected to give wet clothes to his customers. The washerman is expected to wash, dry and iron the clothes and handover to the customers.” “…to keep balance between use and enjoyment of the land by both the parties, I am of the view that some restriction is to be put on the tenants for using the area for the purpose of drying washed clothes. A limited portion can be allowed to the tenants only for the purpose of washing and drying the clothes so that the landlord can use the remaining area without any interference by the tenants,” she added.

“Thus, I am of the view that this equitable relief will meet the ends of justice if some area is earmarked for the purpose of only drying the clothes for the tenants… but the tenants have no right in the suit plot, as the landlord has not lost the possession over the entire suit plot. The area of 5,000 sq ft is earmarked for the tenants only for the purpose of drying clothes though the landlord is in the possession of the said area and the entire plot,” Justice Bhatkar said.