93-year-old woman fought legal battle for her flat for 80 years, now won the case in Bombay High Court
93-year-old woman fought legal battle for her flat for 80 years, now won the case in Bombay High Court

Mumbai: A 93-year-old woman in Maharashtra's Mumbai has won a case after fighting a legal battle for 8 decades. The Bombay High Court has directed the Maharashtra government to hand over two flats in South Mumbai to its original owner, a 93-year-old woman. This dispute was going on for the last 80 years. As per reports, both these flats are located on the first floor of Ruby Mansion in South Mumbai and are of 500 sq ft and 600 sq ft respectively.

Let us tell you that on March 28, 1942, under the then Indian Defense Act, the British rulers of that time were allowed to live in this flat. A division bench of Justices RD Dhanuka and MM Sathaye, in its judgment dated May 4, held that despite the passing of the demand order in July 1946, the flats were never handed over to the owner Alice D'Souza was not returned. The properties are currently in the possession of the legal heirs of a former government official. Alice D'Souza, in her petition, had sought a direction from the court to the Maharashtra government and the Mumbai collector to implement the demand order of July 1946 and hand over the possession of the flat to her. The plea of ​​the 93-year-old woman was opposed by the current residents of the flat. At present, the legal heirs of DS Lod, who are living in the flat, Who were assigned flats under demand orders in the 1940s. Laud was at that time a government officer in the Civil Services Department.

Alice D'Souza claimed in her petition that the demand order was withdrawn, but despite this the possession of the flat was not handed over to the actual owner. The petition states that the possession of other flats in the building has been handed over to its original owners. The court, in its order, noted that the physical possession of the premises was never handed over to the owner (D'Souza) and hence the acquisition was not complete. The Bombay High Court observed that, 'We have no hesitation in holding that the premises are sought in the present case.' Simultaneously, the Court has directed the Government of Maharashtra to hand over the vacant and peaceful possession to the petitioner owner (D'Souza) after taking possession from the present occupants within eight weeks.

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