The Legal Battle against Unlawful Occupation

Facts

Ms. K became the owner of the disputed property through a Deed of Gift executed by her father. Since then, she has been the sole owner and possessor of the property. The opposite party had been occupying the premises listed in the plaint as licensees under Ms. K’s father. Following the registration of the Deed of Gift, Ms. K revoked the license granted to the opposite party and asked them to vacate the premises.

Initially, the opposite party requested some time to vacate and assured Ms. K they would do so shortly. Trusting them as close relatives, Ms. K allowed them to stay without any license fee. However, when the opposite party failed to vacate, despite several reminders from Ms. K, they started misbehaving and harassing her, both mentally and physically. The harassment escalated to the point where Ms. K had to serve a legal notice through her advocate, stating that the license was revoked and the opposite party had to vacate the premises within 15 days.

On September 14, 2005, Ms. K left the property with the relevant papers and documents. The opposite party falsely claimed that the Deed of Gift was forged, manufactured, collusive, void, and voidable.

Solution

With the assistance of Advocate Rajesh Kshetry , Ms. K took legal action to reclaim her property. Due to the diligent efforts of Mr Kshetry, Ms. K successfully regained possession of her property. The court issued an interim injunction restraining the opposite party and allowed Ms. K to take peaceful possession of the property. Additionally, the court granted her the right to transfer the property to any third party of her choosing.

Also Read: CASE ON MALICIOUS CHARGES AGAINST MR. DUTTA