Justice Kathawalla said that the HC would direct the magistrate to hear the issue of possession of the plot.
Mumbai: The Bombay high court has directed the heirs of Kamruddin Shaikh and the promoters of Romell Housing to go back to the magistrate to sort out the issue of possession of the 16 acre property at Dahisar check naka, which, according to the heirs, belongs to their grandfather Kamruddin since 1971.
The court made the suggestion after the heirs argued that the property belonged to their grandfather and that Romell had got possession based on fabricated documents. A bench of Justice S.J. Kathawalla was hearing a notice of motion filed by Romell Housing in a suit invoking the Specific Relief Act to get them possession of the 16-acre plot which they had been dispossessed of by the police in March on the complaint of Salim Shaikh, the son of Kamruddin.
The counsel for Romell informed the court that they had proof of payment and agreement made with Kamruddin and his estranged wife, Sultana, regarding the sale of the plot to them. And that based on these documents, Romell had taken possession of the plot but had been dispossessed of the same by the police.
The counsel for Salim however said that the documents had been fabricated and even though Romell claimed to have bought the property, the Shaikhs were in possession of it till Romell took it over forcibly. Justice Kathawalla said that the HC would direct the magistrate to hear the issue of possession of the plot.