IN THE COURT OF THE LEARNED DISTRICT & SESSIONS JUDGE;
DIST. NORTH; ROHINI COURTS, DELHI.
CIVIL SUIT NO. Suit number OF 2024.
IN THE MATTER OF:
Plaintiffs' names (index cover)…PLAINTIFFS
VERSUS
Defendant's name (index cover)…DEFENDANT
I N D E X
| S. No. | PARTICULARS | PAGE NO. |
| 2. | Suit for Mandatory, Perpetual and Permanent Injunction, along with affidavits in support of the Plaintiffs. | 1 – |
| 3. | Application under Order 39 Rule 1 & 2 r/w Section 151 of CPC, along with affidavits. | |
DELHIPLAINTIFFS
THROUGH
DATED:-
Date of filing (index cover)---------------------------
ADVOCATES
Office at: --------------------.
Mob: -------------------------
Email:
IN THE COURT OF THE LEARNED DISTRICT & SESSIONS JUDGE;
DIST. NORTH; ROHINI COURTS, DELHI.
CIVIL SUIT NO. Suit number (memo of parties) OF 2024.
IN THE MATTER OF:
Plaintiffs' names (memo of parties)…PLAINTIFFS
VERSUS
_--------------------------------------------…DEFENDANT
MEMO OF PARTIES
1. ---------------------… PLAINTIFFS
VERSUS
--------------------… DEFENDANT
DELHIPLAINTIFFS
THROUGH
DATED:-
ADVOCATES
Office at: Advocate's office address----------.
Mob: ---------------------
Email:
IN THE COURT OF THE LEARNED DISTRICT & SESSIONS JUDGE;
DIST. NORTH; ROHINI COURTS, DELHI.
CIVIL SUIT NO. Suit number (plaint) OF 2024.
IN THE MATTER OF:
Plaintiffs' names (plaint cover)… PLAINTIFFS
VERSUS
---------------------------… DEFENDANT
SUIT FOR MANDATORY, PERPETUAL AND PERMANENT INJUNCTION.
MOST RESPECTFULLY SHOWETH:-
1.That the Plaintiffs are peace-loving and law-abiding citizens of India and are in peaceful and exclusive possession of the suit property, being land ad-measuring Land measure in biswa (para 1) biswa, out of Khasra bearing No. Khasra number (para 1), situated in the area of Tehsil and Village Tehsil and village of suit property (para 1), District District of suit property (para 1) (hereinafter referred to as the "subject Property").
2.That the subject property is the ancestral property of the Plaintiffs, which was purchased by Sh. Name of original purchaser (para 2) from his hard-earned money from Seller or source of purchase (para 2), upon payment of a consideration of Rs. Purchase consideration (para 2)/-. In testimony thereof, Name of original purchaser executed a General Power of Attorney, Agreement to Sell, possession letter, affidavit, receipt and Will dated Date of GPA, agreement to sell, possession letter and will (para 2). The Plaintiffs are the absolute owners of the ancestral suit property, which has been under the lawful ownership, use and possession of the Plaintiffs' family for several decades.
3.That the subject property is ancestral in nature and has been passed down to the Plaintiffs through successive generations. The Plaintiffs have been in peaceful, uninterrupted and continuous possession of the property, utilizing it for agricultural activities and for maintaining a gaushala (cow shelter), which serves as a source of livelihood for the Plaintiffs' family.
4.That the Plaintiffs' family has never alienated, transferred or relinquished its rights, title or interest in the subject property to any third party, including the Defendant. The possession of the Plaintiffs over the subject property is legal, and they are the rightful owners thereof.
5.That on Date of trespass (para 5), the Defendant, along with his agents and accomplices, unlawfully trespassed upon the subject property. The Defendant, claiming to be the owner of the property, threatened the Plaintiffs and attempted to forcibly dispossess them, with the intention of illegally taking possession of the subject property. The actions of the Defendant were clearly designed to dispossess the Plaintiffs from their lawful and rightful possession.
6.It is submitted that the Defendant is claiming ownership and possession of the subject property, although the Defendant has no right, interest or title whatsoever in the suit property. The Defendant was aware that the subject property is owned by the Plaintiffs. The Defendant's claim of having purchased the suit property is imaginary and concocted, and no proof or document has been shared by the Defendant to establish such ownership.
7.That the Defendant has raised multiple frivolous and baseless issues with respect to the subject property, in order to create a nuisance and to harass the Plaintiffs. The Defendant also has a concealed motive to grab the entire subject property and has, time and again, threatened the Plaintiffs and their family members to vacate the suit property, which the Plaintiffs have refused to do.
8.That the Defendant is further forcing the Plaintiffs to leave the property, so that the Defendant may take entire possession of the Plaintiffs' property and thereafter sell the same.
9.That the Defendant, along with his associates, is torturing and harassing the Plaintiffs by issuing threats to their lives, and since then the Plaintiffs have been living under pressure and fear in their house. It is further submitted that the Defendant has also attempted to take forcible possession of the entire suit property of the Plaintiffs and to dispossess them from the suit property. The Defendant has also pressured the Plaintiffs to transfer the entire suit property into the Defendant's name.
10.That, having regard to the conduct of the Defendant towards the Plaintiffs, there is a strong apprehension that the Defendant will forcefully grab the entire suit property of the Plaintiffs, throw them out of their own property, and may cause or commit serious offences against the Plaintiffs.
11.That the Defendant has threatened the Plaintiffs that he would vandalize the suit property, overlooks all laws and has frequently committed illegal offences. The Defendant harbours evil intentions towards the suit property. The Plaintiffs and the nearby property dealers have been enquiring of the Plaintiffs whether they are selling their property, since the Defendant has represented himself to be the owner of the property.
12.That the Plaintiffs have no other speedy and efficacious remedy at present against the Defendant, and further, the Plaintiffs would suffer irreparable loss and injury if the Defendant and his agents are not permanently restrained from interfering in the peaceful life and possession of the suit property, solely out of greed to grab the entire suit property of the Plaintiffs.
13.That owing to such conduct of the Defendant, the Plaintiffs are under immense fear and threat that the Defendant would cause harm and loss to their lives, limbs and the suit property. Feeling alarmed by the inaction against the Defendant, the Plaintiffs are left with no other option but to approach this Hon'ble Court in the interest of justice.
14.That by such acts, the Defendant is leaving no opportunity to harass and demean the Plaintiffs in every manner possible, in lieu of damages for mental torture, harassment, agony, humiliation and nuisance, and to create third-party interest in the suit property, all of which the Plaintiffs have suffered and continue to undergo at present because of the wrongful, immoral and unethical acts committed by the Defendant.
15.That the Plaintiffs are seeking protection from this Hon'ble Court by restraining the Defendant and his associates from indulging in the aforesaid illegal acts, from acting in violation of law and from depriving the Plaintiffs of their lawful possession of the suit property in a most illegal, arbitrary and whimsical manner, and the denial of such relief shall cause irreparable loss and injury to the Plaintiffs.
16.That the present suit is well within limitation in accordance with the Limitation Act, 1963, having been initiated within the prescribed period of time.
17.That the cause of action for filing the present suit first arose on Date of first cause of action (para 17), when the defendant, along with his agents and accomplices, unlawfully trespassed upon the suit property. It further arose when the defendant created third-party rights over a portion of the suit property. It further arose on Date of police complaint (para 17), when the plaintiffs lodged a complaint with the local police station, but no action has been taken thereon till date. The cause of action further arose when the defendant, along with his associates, began harassing the plaintiffs and repeatedly trespassed upon the suit property. The cause of action is a continuing one, as the defendant persists in his illegal claims and threats.
18.That the immovable property in respect of which the mandatory, perpetual and permanent injunctions are sought against the defendant is land ad-measuring Land area of suit property, out of Khasra bearing No. Khasra number (para 18), situated in the area of Tehsil and Village Tehsil and village of suit property (para 1), District District of suit property (para 18), i.e. within the jurisdiction of Police Station Police station having jurisdiction (para 18), and within the territorial jurisdiction of this Hon'ble Court. As such, this Hon'ble Court has jurisdiction to entertain and try the present suit.
19.That the value of the present suit is as under:-
For the reliefs of two perpetual injunctions and the mandatory injunction, the suit is valued at Rs. Suit valuation per relief (para 19)/- for each relief, and court fee of Rs. Court fee per relief (para 19)/- is affixed on the plaint for each relief. Hence, total court fee of Rs. Total court fee (para 19)/- is paid along with the present suit.
20.That the balance of convenience lies in favour of the plaintiffs and against the defendant, and if the reliefs as claimed are not granted, the plaintiffs will suffer irreparable loss.
21.That the plaintiffs have not filed any suit, petition or other proceedings before any other Court claiming similar relief.
PRAYER
In view of the above, it is most respectfully prayed that this Hon'ble Court may be pleased to:-
(a)Pass a decree of mandatory injunction directing the defendant to remove himself, his agents and accomplices from the suit property, and to dismantle any structures, encroachments or blockades that may have been erected by the defendant on the said property in violation of the plaintiffs' rights.
(b)Pass a decree of perpetual injunction in favour of the plaintiffs and against the defendant, his agents, representatives or any other person acting on his behalf, restraining them from asserting any claim of ownership, third-party right or interest whatsoever over the suit property, and from interfering in any manner with the plaintiffs' peaceful possession and use of the said property.
(c)Pass a decree of permanent and mandatory injunction in favour of the plaintiffs and against the defendant and his agents or associates, restraining them from any exclusive occupation of the suit property, being land ad-measuring Land area of suit property, out of Khasra bearing No. Khasra number (prayer c), situated in the area of Tehsil and Village Tehsil and village of suit property (prayer c), District District of suit property (prayer c); and
(d)Pass a decree of mandatory injunction whereby the defendant and his agents are directed not to enter the entire suit property, to keep away from the said property, and to refrain from creating any nuisance in or around the suit property, as well as to stop threatening the plaintiffs and their family members in any manner; and
(e)Pass a further decree of mandatory injunction whereby the defendant and his agents are directed to maintain a minimum distance of Minimum distance from suit property (prayer e) mtr. from the entire suit property, being land ad-measuring Land area of suit property, out of Khasra bearing No. Khasra number (prayer e), situated in the area of Tehsil and Village Tehsil and village of suit property (prayer c), District District of suit property (prayer e), in order to maintain peace in the locality, and to restrain the defendant and his agents from committing any criminal acts by taking the law into their own hands; and
(f)Award the costs of the suit to the plaintiffs; and
(g)Pass any other relief in favour of the plaintiffs and against the defendant as this Hon'ble Court may deem fit and proper in the interest of justice.
Place of signing (plaint)PLAINTIFFS
THROUGH
DATED: Date of signing (plaint)
ADVOCATES FOR THE PLAINTIFFS
Office at: Advocate's office address (plaint).
Mob: +Advocate's mobile number (plaint).
Email: Advocate's email (plaint).
VERIFICATION
Verified at Place of verification on this Day of verification month (plaint verification) day of Month and year of verification that the contents of paras 1 to ….. of the plaint are true and correct to my knowledge, and that the contents of paras Starting para number believed on advice (plaint verification) to Ending para number believed on advice (plaint verification) are believed to be correct on the basis of legal advice received, which is also believed to be correct. No part of it is false, nor has anything material been concealed therefrom. The last para contains the prayer to this Hon'ble Court.
PLAINTIFF
IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;
DIST. Court district (application cover); Court complex (application cover), DELHI.
CIVIL SUIT NO. Suit number (application) OF Year of suit number (application cover).
IN THE MATTER OF:
Plaintiffs' names (application cover)…PLAINTIFFS
VERSUS
Defendant's name (application cover)…DEFENDANT
APPLICATION ON BEHALF OF THE PLAINTIFFS UNDER ORDER 39 RULES 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE.
MOST RESPECTFULLY SHEWETH:-
1.That the plaintiffs have filed the present suit for mandatory and permanent injunctions in respect of the immovable property, being land ad-measuring Land area of suit property, out of Khasra bearing No. Khasra number (application para 1), situated in the area of Tehsil and Village Tehsil and village of suit property (application para 1), District District of suit property (application para 1).
2.That all the necessary and relevant facts which entitle the plaintiffs to obtain a decree for mandatory and permanent injunctions, or the alternative relief as prayed in the suit, have been set out in the plaint. The same are not reproduced herein for the sake of brevity, but may be read as part of the present application.
3.That the suit property has been lying unutilised for a long time. The plaintiffs have come to learn that the defendant is attempting to dispose of the suit land or a portion of the suit property and is contacting dealers in this regard. If the defendant succeeds in his mala fide design and parts with possession, or enters into any agreement with any third party in respect of the suit property, it would cause serious harm and prejudice to the interests of the plaintiffs and would also result in multiplicity of litigation.
4.That the plaintiffs have a strong prima facie case in their favour and are likely to succeed in the main suit, which is, however, likely to take time. If, during the pendency of this suit, the defendant succeeds in selling, transferring, alienating, encumbering or demolishing the suit property or any portion thereof, parts with possession thereof, alters its existing structures, or creates any third-party interest therein, the plaintiffs will suffer irreparable loss and injury which cannot be compensated in terms of money, and it will also result in multiplicity of litigation between the parties.
5.That the balance of convenience also lies in favour of the plaintiffs and against the defendant.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:-
(a)Pass an ad-interim order in favour of the plaintiffs and against the defendant for perpetual injunction, restraining the defendant from creating any third-party rights or interests whatsoever in the suit property, being land ad-measuring Land area of suit property, out of Khasra number (application prayer a), situated in the area of Tehsil and Village Tehsil, village and district of suit property (application).
(b)Pass an ad-interim order in favour of the Plaintiffs and against the Defendant, restraining the Defendant by an order of perpetual injunction from creating any third-party rights or interest of any nature whatsoever in any portion of the suit property, land ad-measuring Area of suit property (application prayers b and d), out of Khasra bearing No. Khasra number (application prayer b), situated in the area of Tehsil and Village Tehsil and village of suit property (application para 1), District District of suit property (application prayer b).
(c)Pass an ad-interim order of mandatory injunction, whereby the Defendant and his/her agents may be directed not to enter upon the suit property, to keep away from the entire suit property, not to create any nuisance of any kind in or around the suit property, and to desist from threatening the Plaintiff and the members of the Plaintiff's family in any manner.
(d)Pass an ad-interim order of mandatory injunction, whereby the Defendant and his/her agents may be directed to maintain a minimum distance of at least Minimum distance to be maintained (application prayer d) from the entire suit property, land ad-measuring Area of suit property (application prayers b and d), out of Khasra bearing No. Khasra number (application prayer d), situated in the area of Tehsil and Tehsil, village and district of suit property (application), so as to maintain peace in the locality, and further to restrain the Defendant from committing any criminal acts or taking the law into his/her own hands.
(e)Pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the Plaintiffs and against the Defendant.
Place of signing (application)PLAINTIFFS
THROUGH
DATED: Date of signing (application)
ADVOCATES
Office at: Advocate's office address (application).
Mob.: Advocate's mobile number (application).
Email: Advocate's email (application).
IN THE COURT OF THE LEARNED DISTRICT & SESSIONS JUDGE
DISTRICT NORTH, ROHINI COURTS, DELHI
CIVIL SUIT NO. Suit number (first affidavit cover) OF Year of suit (first affidavit cover)
IN THE MATTER OF:
Plaintiffs' names (first affidavit cover).…PLAINTIFFS
VERSUS
Defendant's name (first affidavit cover).…DEFENDANT
AFFIDAVIT
Affidavit of Deponent's name (first affidavit), aged about Deponent's age (first affidavit) years, S/o Deponent's father's name (first affidavit), R/o Deponent's address (first affidavit), do hereby solemnly affirm and declare as under:-
1.That I am the Plaintiff No. 1 in the above-noted case and am well conversant with the facts and circumstances of the case; I am, therefore, competent to swear this Affidavit.
2.That the contents of the suit/plaint have been drawn up on my instructions. I have read and understood the contents of the accompanying application, and the same are true and correct to my knowledge; no part of it is false, and nothing material has been concealed therein.
DEPONENT
VERIFICATION:-
Verified at Place of verification (first affidavit) on this Day of verification month (first affidavit verification) that the contents of the above Affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therein.
DEPONENT
IN THE COURT OF THE LEARNED DISTRICT & SESSIONS JUDGE
DISTRICT NORTH, ROHINI COURTS, DELHI
CIVIL SUIT NO. Suit number (second affidavit cover) OF Year of suit (second affidavit cover)
IN THE MATTER OF:
Plaintiffs' names (second affidavit cover)…PLAINTIFFS
VERSUS
**Defendant's name (second affidavit cover)…DEFENDANT**
AFFIDAVIT
Affidavit of Deponent's name (second affidavit), aged about Deponent's age (second affidavit) years, S/o Deponent's father's name (second affidavit), R/o Deponent's address (second affidavit), do hereby solemnly affirm and declare as under:-
1.That I am the Plaintiff No. 1 in the above-noted case and am well conversant with the facts and circumstances of the case; I am, therefore, competent to swear this Affidavit.
2.That the accompanying application under Order 39 Rule 1 & 2 CPC has been drawn up on my instructions. I have read and understood the contents of the accompanying application, and the same are true and correct to my knowledge; no part of it is false, and nothing material has been concealed therein.
DEPONENT
VERIFICATION:-
Verified at Place of verification (second affidavit) on this Day of verification month (second affidavit verification) that the contents of the above Affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therein.
DEPONENT