MUMBAI: A family feud over a flat in Colaba has led to the conviction of five of its members, all senior citizens, on charges of criminal trespass. Nine years ago, the four siblings—two sisters and two bothers, the oldest of whom is 76 and the youngest 62—and the wife of one of the brothers had forced themselves into the flat occupied by their dead brother’s wife and had to be forcibly removed by the police.The complainant, Niloni Gonsalvez, alleged that the accused, her in-laws, also residing in the five-storeyed Colaba building were forcing her to consent to an agreement with the landlord. The woman said that she wanted to continue to live in the flat for which her father-in-law used to pay Rs 510 monthly rent.With Niloni telling the court that she did not want to see her kin behind bars, and also considering their advanced age, the magistrate’s court did not sentence the five but made them sign a bond of good behaviour. The maximum sentence under the charge is one-year of imprisonment.Among the witnesses to depose were Niloni, her daughter and Niloni’s sister who were in the house at the time of the incident. Niloni said that she started living in the flat in 1988 after her marriage to Charles. She said that her husband had lived there since his childhood and her sisters-in-law had occupied two other flats on the same floor. Charles died in 2004 and Niloni continued to live there with their two daughters.Niloni further stated that a civil suit filed by the landlord in 1995, with respect to the property, was pending in the Small Causes Court. She said that her in-laws had insisted on her vacating the premises by entering into an agreement with the landlord in exchange for money.The incident took place on January 15, 2010, around 5.30pm. Niloni said that her sisters-inlaw, Marina Datta and Norma Fenal, entered the house, sat down and started reading the holy book. Niloni said that since she was cleaning the house, she requested them to go to their house, but they did not move out until 7.30pm.Niloni then informed the police through her advocate. She said that when the police came around 8.30pm and she opened the door, her brothers-in-law Franklin Gonsalvez, William Gonsalvez and Franklin’s wife Marilyn came inside with bags and baggages. Niloni said she asked them to leave, but they refused. She said that they left the house only after the cops intervened. She then lodged a complaint and the five were booked.Relying on the witness’s statements, the court said, “The entry of the accused inside the premises without her permission is nothing but an annoyance to the informant [Niloni]. Thus, this act of the accused to enter the house without her permission amounts to house trespass.” It further observed that only because the accused are relatives and a civil suit is pending, the testimony of witnesses cannot be disbelieved.

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