Mohammed Mehboob Ali and his wife Hamida
"Justice prevails, but it is always at a cost," said defence lawyer Advocate Dinesh Tiwari, who finally succeeded in handing over a flat in a Malwani building to 79-year-old former Indian Navy petty officer Mohammed Mehboob Ali and his wife Hamida, 68, on Wednesday, both of whom had been locked in a three-year long court battle with their son over the 900-sqft property. On August 14, the Dindoshi City Civil Court had directed the couple to seek police protection and get their son Shamshad and his family forcibly evicted from the flat.
Son of the elderly couple, who had been occupying the flat illegally, vacated it but also damaged it internally
mid-day had on April 17 written about the HC order (Bombay High Court kicks out son who stole Malad flat from father), passed on April 3. Shamshad and his family had been claiming right over the property even after the HC had asked them to vacate post April 30.
On Wednesday, when the family failed to hand it over, Tiwari, as per the Dindoshi court order, moved an application and approached the senior inspector at Malwani police station, seeking police assistance to get Shamshad and his family evicted.
The elderly couple also paid Rs 11,500 towards police charges for sending a sub-inspector and two constables for the eviction, in presence of the court bailiff.
Their daughter Jamila said, "They reached the building around 11.30 am and were told that Shamshad was not home. But when the police entered, they found him in the bedroom; he agreed to vacate."
"My brother removed each and every item from the house, including electrical appliances, wires, kitchen chimney, taps and other fixtures, all that my parents had installed when they stayed there," she added.
"The policemen asked to us remain calm, as he was moving out of the house peacefully. 'Aap ko ghar mil raha hai na, madam, saamaan naya aa jayega', a cop said to me."
Tiwari said, "It is unfortunate that the son showed his anguish by damaging the property with an intent to cause discomfort and financial loss to my client, as the flat is now not in a liveable state. All the furniture, fixtures, plumbing and electrical equipment damaged inside the house were actually installed by my client." When contacted, a police officer said, "As the couple had the court order in hand, we abided by the norms. They paid for the police protection, and we got the house vacated peacefully."
Tiwari added, "We will now initiate contempt of court proceedings against the son and his wife for not adhering to the HC order, as per which he should have left by April 30, and even damaging the property. We will insist on getting damages for my client and ensure that the accused is punished for contempt."
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