SUCCESS STORY OF A CIVIL CASE

 Applicant in this case was an old woman, aged about 76 years and was the owner of a Jhuggi (hereinafter called “property”) in New Seemapuri, Delhi. Applicant was a poor woman, and was solely dependent on the income from letting out the Jhuggi. She was peacefully enjoying the possession of her property until 2011 when some miscreants illegally trespassed and occupied her property in the absence of the applicant. When the applicant returned back, she requested the miscreants to vacate the property but they refused to do so and in turn threatened the applicant and her children, of dire consequences if any attempt of vacating the property is made. In fact on one occasion, the applicant was mercilessly beaten up by the miscreants and their associates. The miscreants continued to hamper the peaceful possession of the property by use of their might and power and were about to create third party interest in the property.

Applicant feared that her only property was being usurped and her rights were being illegally transferred to some outsider. Aggrieved of her circumstances, applicant approached the office of the District Legal Services Authority (hereinafter called “DLSA”), Shahdara. She interacted with Ld. Secretary and informed him that she feared loss and injury to her life and property. Ld. Secretary assigned the matter to Sh. Anish Kumar, Legal Aid Counsel (hereinafter called the LAC). LAC interacted with the applicant and filed a suit for recovery of possession along with mesne profits/damages and application for grant of temporary injunction against the trespassers before the appropriate court. The Court prima facie ruled the case in the favour of the applicant by passing an under Order 39 Rule 1 and 2, restraining the opposite party from creating any third party rights in the property in question.

The applicant expressed her gratitude to the LAC and DLSA for timely interaction.