93-year-old woman wins case after 8 decades, Bombay High Court directs to hand over two flats in South Mumbai

Alice D’Souza, in her petition, had sought a direction to the Maharashtra government and the Mumbai collector to hand over the possession of the flat to her.

A 93-year-old woman in Maharashtra’s Mumbai has won the case after 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. Both the flats are located on the first floor of Ruby Mansion in South Mumbai and are of 500 sq ft and 600 sq ft respectively.

Explain that on March 28, 1942, the then British rulers were allowed to live in this flat under the then Defense of India Act. Its order said that despite the de-demand order being passed in July 1946, the flats were never handed back to the owner, Alice D’Souza. The properties are currently occupied by the legal heirs of a former government official.

Alice D’Souza, in her petition, had sought a direction to the Maharashtra government and the Collector of Mumbai to implement the de-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. The present occupants of the flat are the legal heirs of DS Laud, who was assigned the premises under a requisition order in the 1940s. Laud was then a government official in the Civil Services Department.

Alice D’Souza, in her petition, claimed that the demand order was withdrawn but still the possession of the flat was not handed over to the rightful owner. The petition states that the possession of other flats in the building has been returned to their owners. The bench, 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 said, “We have no hesitation in holding that the premises are sought in the present case.” The court has directed the state government 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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