Plaint for mandatory and permanent injunction to vacate suit property with interim injunction application
0 of 92 blanks filled
IN THE COURT OF THE DISTRICT & SESSIONS JUDGE
DISTRICT WEST; TIS HAZARI COURTS; DELHI
C.S. DJ NO. Suit number OF 2023
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
(P.S.: Police station)
INDEX
| S.NO. | PARTICULARS | PAGES |
|---|---|---|
| 1. | COURT FEES |
| 2. | MEMO OF PARTIES |
| 3. | SUIT FOR MANDATORY AND PERMANENT INJUNCTION, ALONG WITH SUPPORTING AFFIDAVIT |
| 4. | LIST OF RELIANCE |
| 5. | LIST OF DOCUMENTS |
| 6. | APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER XV-A READ WITH SECTION 151 OF CPC, ALONG WITH SUPPORTING AFFIDAVIT |
| 7. | APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER CPC Order number RULES 1 AND 2 READ WITH SECTION 151 OF CPC FOR GRANT OF EX-PARTE AD-INTERIM INJUNCTION, ALONG WITH SUPPORTING AFFIDAVIT |
| 8. | VAKALATNAMA |
Note:-
1.That no caveat has been received in the captioned matter.
2.That the captioned suit is within the period of limitation.
3.That the captioned suit is not a commercial suit.
4.That no similar suit has been filed or is pending before this Hon'ble Court or any other court.
5.That the Plaintiff undertakes to pay the deficit court fees, if any.
DELHIPLAINTIFF
DATEDTHROUGH
Advocate's name
(Advocate)
Advocate's chamber/office address line 1,
Advocate's address line 2
Email:
Mob. Advocate's mobile number
IN THE COURT OF THE DISTRICT & SESSIONS JUDGE
DISTRICT WEST; TIS HAZARI COURTS; DELHI
C.S. DJ NO. Suit number OF 2023
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
(P.S.: Police station)
MEMO OF PARTIES
SH. Plaintiff's name
S/o Plaintiff's father's name
R/o Plaintiff's address: PLAINTIFF
VERSUS
1. Defendant 1's name
S/o Defendant 1's father's name
Mob. No. Defendant 1's mobile number
2. Defendant 2's name
S/o Defendant 2's father's name
Mob. No. Defendant 2's mobile number
Email: Defendant 2's email address
3. Defendant 3's name
D/o Defendant 3's father's name
4. Defendant 4's name
D/o Defendant 4's father's name
All R/o Defendants 1 to 4's address
5. Defendant 5 company's name
Through its Managing Director
Defendant 5 company's address line 1
Defendant 5 company's address line 2
6. Defendant 6's name
S/o Defendant 6's father's name
R/o Defendant 6's address
Mob. No. Defendant 6's mobile number
Email: Defendant 6's email address: DEFENDANTS
DELHIPLAINTIFF
DATEDTHROUGH
Advocate's name
(Advocate)
Advocate's chamber/office address line 1,
Advocate's address line 2
Email:
Mob. Advocate's mobile number
IN THE COURT OF THE DISTRICT & SESSIONS JUDGE
DISTRICT WEST; TIS HAZARI COURTS; DELHI
C.S. DJ NO. Suit number OF 2023
IN THE MATTER OF:-
SH. Plaintiff's name
S/o Plaintiff's father's name
R/o Plaintiff's address line 1
Plaintiff's address line 2: PLAINTIFF
VERSUS
1. Defendant 1's name
S/o Defendant 1's father's name
Mob. No. Defendant 1's mobile number
2. Defendant 2's name
S/o Defendant 2's father's name
Mob. No. Defendant 2's mobile number
Email: Defendant 2's email address
3. Defendant 3's name
D/o Defendant 3's father's name
4. Defendant 4's name
D/o Defendant 4's father's name
All R/o Defendants 1 to 4's address
5. Defendant 5 company's name
Through its Managing Director
Defendant 5 company's address line 1
Defendant 5 company's address line 2
6. Defendant 6's name
S/o Defendant 6's father's name
R/o Defendant 6's address
Mob. No. Defendant 6's mobile number
Email: Defendant 6's email address: DEFENDANTS
(P.S.: Police station)
SUIT FOR THE GRANT OF A MANDATORY INJUNCTION DIRECTING DEFENDANTS NOS. 1 TO 5 TO VACATE THE PROPERTY IN QUESTION, SHOWN IN COLOUR YELLOW IN THE SITE PLAN ANNEXURE-A ANNEXED WITH THE PLAINT, COMPRISING THE BACK-SHED (229 SQ. METERS), GROUND FLOOR FRONT ROOM (33.6 SQ. METERS), MEZZANINE FLOOR (103 SQ. METERS) AND TOP FLOOR SHED (30.62 SQ. METERS), AND ALSO THE COMMON PORTION SHOWN IN COLOUR ORANGE IN THE SITE PLAN ANNEXURE-A, BEARING PROPERTY NO. Suit property number, BY DIRECTING THE SAID DEFENDANTS TO REMOVE THEIR ARTICLES AND PARAPHERNALIA FROM THE SAID PROPERTY AND TO HAND OVER ACTUAL VACANT POSSESSION THEREOF TO THE PLAINTIFF.
AND
FOR THE GRANT OF A PERMANENT INJUNCTION TO THE EFFECT THAT DEFENDANTS NOS. 1 TO 5 SHALL NOT, IN ANY MANNER, CHANGE OR ALTER THE EXISTING CONDITION OF THE PROPERTY IN QUESTION, SHALL NOT ADD OR RAISE ANY CONSTRUCTION OVER THE SAID PROPERTY, AND SHALL NOT INDUCT ANY OTHER PERSON INTO THE PROPERTY IN QUESTION IN ANY CAPACITY.
MOST RESPECTFULLY SHOWETH:-
1.That the Plaintiff is a peace-loving and law-abiding citizen of India. Defendant No. 6 was earlier the exclusive owner of the entire property shown in colours Yellow, Orange and Green in the site plan Annexure-A annexed with the plaint, bearing property no. Suit property number, comprising the back-shed (229 sq. meters), Ground Floor Front Room (33.6 sq. meters), Mezzanine Floor (103 sq. meters), Top Floor Shed (30.62 sq. meters), and also the common portion shown in colour Orange in the site plan Annexure-A (hereinafter referred to as the "suit property" or "property in question"). The site plan may kindly be treated as an integral part of the present plaint.
2.That the Plaintiff purchased the entire aforesaid property from Defendant No. 6 vide a validly executed and registered Sale Deed dated Date of the registered Sale Deed for a total sale consideration of Rs. Total sale consideration amount/-, vide Registration No. Sale deed registration number, the true copy whereof is annexed with this plaint as Annexure-B. The Plaintiff thus became the exclusive owner of the entire property, including the property in question, and continues to be so. It is not out of place to mention that, in order to purchase the said property, the Plaintiff had to raise a substantial loan of Rs. Loan amount raised by the Plaintiff/- from Name of lender/financial company.
3.That Defendant No. 1 is the son of Defendant No. 6. Defendant No. 2 is the son of Defendant No. 1, whereas Defendants Nos. 3 and 4 are the daughters of Defendant No. 1.
4.That after purchasing the aforesaid suit property from Defendant No. 6, it came to the knowledge of the Plaintiff that a well-calculated and heinous fraud had been committed by Defendants Nos. 1 and 6 in conspiracy and collusion with each other, by concealing the fact that litigation, in the form of a Civil Suit, was at that time pending between Defendant No. 1 and Defendant No. 6 in respect of the property in question. Upon learning of the said cheating, the Plaintiff made further inquiries and filed an application under Order I Rule 10 CPC seeking his impleadment as a defendant in Civil Suit (SCJ) No. Pending civil suit number of 2022, titled "Title of the pending civil suit", then pending before the Hon'ble Court of Civil judge's court number, Ld. Civil Judge, West District, Tis Hazari Courts, Delhi, concerning the property in question. The Plaintiff was ordered to be impleaded as a defendant in the said Civil Suit.
5.That from the aforesaid developments, the Plaintiff came to know that, in fact, very close and warm relations had originally existed between Defendant No. 1 and Defendant No. 6, being son and father, on account of which, many years earlier, i.e. in the year Year the oral licence was granted, Defendant No. 6 had gratuitously and temporarily permitted Defendant No. 1, under an oral licence, to occupy and use an area measuring Area originally licensed (sq. ft.) in the tin-shed portion of the property in question for running his business. Subsequently, upon expansion of the said business, the said oral licence was enlarged in the year Year the oral licence was enlarged to the portion shown in colour Yellow in the site plan Annexure-A annexed with the plaint, which included the back-shed (229 sq. meters), Ground Floor Front Room (33.6 sq. meters), Mezzanine Floor (103 sq. meters) and Top Floor Shed (30.62 sq. meters). The portion shown in colour Orange was permitted to be used by the licensees as common, along with Defendant No. 6. No permanent right was ever created by Defendant No. 6 in favour of the licensees in respect of any portion of the property in question.
6.That the inquiries made by the Plaintiff further revealed that initially, Defendant No. 1 had started using the property in question as a temporary licensee under Defendant No. 6, pursuant to an oral licence, for the purpose of running his business. Subsequently, Defendant No. 1 constituted a partnership under the name and style of Partnership firm's name in the property in question by inducting partners from time to time. At one point of time, another son of Defendant No. 6, namely Name of deceased son of defendant 6, was also inducted as a partner by Defendant No. 1 in the said partnership. The said Sh. Name of deceased son of defendant 6 died on Date of death of the deceased son of defendant 6 due to prolonged illness, at a very young age.
7.That thereafter, Defendant No. 1 altered the constitution of his business by disbanding the partnership and by floating a Private Limited Company under the name and style of Defendant No. 5. Defendants No. 2 to 4 and 5 were also permitted orally by Defendant No. 6 to carry on business in the property in question along with Defendant No. 1, such permission being merely an extension of the initial permission granted by Defendant No. 6 to Defendant No. 1, particularly when Defendants No. 2 to 4 were the grandson and granddaughters of Defendant No. 6, and Defendant No. 5 was a private limited company incorporated by the said family members.
8.That it is pertinent to state that when the Plaintiff purchased the said property from Defendant No. 6, the latter delivered possession of the purchased property to the Plaintiff under the registered sale deed executed by him in favour of the Plaintiff. At that time, as aforesaid, it was not within the knowledge of the Plaintiff that any civil suit in respect of the said property was pending between Defendant No. 6 and Defendant No. 1, nor that any statements had been recorded in that case regarding the injunction matter. However, after the purchase of the said property and upon making inquiries, the Plaintiff came to learn of the said pending civil suit between Defendant No. 1 and Defendant No. 6.
9.That Defendant No. 1 thereafter filed a contempt petition before the Hon'ble Delhi High Court bearing No. Cont.Case(C) Contempt case number/2023 against Defendant No. 6 and also against the Plaintiff, attributing illegality to Defendant No. 6 and the Plaintiff. However, the Plaintiff had played no adverse role in the said matter and never violated any undertaking or any injunction order of the Hon'ble Court. It was Defendant No. 6 alone who had delivered possession to the Plaintiff under the said sale deed. Therefore, the Hon'ble High Court absolved the Plaintiff of the contempt proceedings, but directed Defendant No. 6 and the Plaintiff to restore the occupation of Defendant No. 1 with respect to the property in question.
10.That, in compliance with the directions of the Hon'ble High Court of Delhi, the occupation of Defendants No. 1 to 5 was restored by Defendant No. 6 and the Plaintiff on Date on which occupation was restored.
11.That the aforesaid circumstances clearly demonstrate that the Plaintiff has been unlawfully trapped by Defendants No. 1 to 6, who have taken undue advantage of their close relationship and concealed material facts from the Plaintiff.
12.That the Plaintiff is a bona fide purchaser for valuable sale consideration and without notice of the dispute and litigation between Defendants No. 1 to 6 inter se. The Plaintiff is an innocent person who has been deliberately cheated by Defendants No. 1 to 6.
13.That it is on account of the illegal acts of Defendants No. 1 to 6 that the occupation of the property in question, which would otherwise lawfully have been with the Plaintiff, has been deprived from him by the acts of Defendants No. 1 to 6.
14.That Defendants No. 1 to 5 have no legal right of any kind to remain in occupation of the property in question, and they are liable to vacate the property in question and to hand over its actual vacant possession to the Plaintiff by removing their articles and paraphernalia, etc., because their status was at all material times that of licensees. The Plaintiff, having stepped into the shoes of Defendant No. 6 as the owner of the property, is now entitled to recover the use and occupation of the property in question from Defendants No. 1 to 5.
15.That the licence of Defendants No. 1 to 5 stood automatically revoked when the property was sold by Defendant No. 6 to the Plaintiff, when the aforesaid Civil Suit was filed by Defendant No. 1, etc., against Defendant No. 6, and when the contempt proceedings were initiated by Defendant No. 1, etc., against Defendant No. 6 and the Plaintiff.
16.That since the aforesaid oral licence now stands terminated and revoked, Defendants No. 1 to 5 are legally obliged to deliver the actual use, occupation and possession of the property in question to the Plaintiff by vacating the same. Defendants No. 1 to 5 are also legally liable to give up and vacate the common use of the portion shown as Orange in the site plan Annexure-A, and to hand over the exclusive use of that portion to the Plaintiff.
17.That as the status of Defendants No. 1 to 5 is that of licensees whose licence stands revoked, terminated and repudiated, it is not necessary to institute a suit for possession against them. A suit for mandatory injunction is the appropriate and suitable remedy against persons who are occupying the property unauthorisedly after the revocation/termination/repudiation of their licence.
18.That the Plaintiff has been requesting Defendants No. 1 to 5, since Date from which requests to vacate were made, to vacate the property in question and to hand over its actual vacant possession to the Plaintiff by removing their articles/paraphernalia, etc., from the same. However, Defendants No. 1 to 5 have refused to do so.
19.That Defendant No. 6 is colluding with Defendants No. 1 to 5, and he has therefore been impleaded as a Defendant in the present suit, being a necessary party. Furthermore, Defendant No. 6 has begun assisting Defendants No. 1 to 5 in their illegal design to deprive the Plaintiff of his rights. The Plaintiff has learnt that Defendants No. 1 to 6 are actively preparing to alter the existing condition of the property in question by raising further constructions thereon, and are preparing to induct strangers into the property in question so as to create complications for the Plaintiff. The Plaintiff requested Defendants No. 1 to 6 not to commit the proposed illegal acts. However, Defendants No. 1 to 6 are threatening the Plaintiff that they will implement their illegal designs come what may, and even by use of force, in order to snatch away the property in question from the Plaintiff. The Plaintiff has already spent substantial amounts from his hard-earned money upon the property in question, but his legal rights are in jeopardy owing to the selfish acts of Defendants No. 1 to 6.
20.That since Defendants No. 1 to 5 are now in unauthorised occupation of the property in question, they shall be liable to pay to the Plaintiff damages for use and occupation/mesne profits at the rate of Monthly rate of mesne profits per month for the use of the property in question from the date of filing of the suit until the vacation of the property. The property in question would fetch a monthly rent of not less than Monthly rate of mesne profits if let out in the market. Applying that yardstick, Defendants No. 1 to 5 are liable to pay mesne profits to the Plaintiff at the said rate of Monthly rate of mesne profits per month.
21.That no other suit or proceedings has earlier been filed between the same parties in respect of the property in question, except as detailed above. The Writ Petition mentioned above has already been disposed of by the Hon'ble High Court of Delhi, whereas the Civil Suit bearing No. CS(SCJ)Pending civil suit number/2022 is presently pending for adjudication before the Court of Civil judge's court number, Ld. Civil Judge, West District, Tis Hazari Courts, Delhi. However, the Plaintiff has a separate, independent and distinct right and cause of action to institute the present suit against the Defendants, distinct from that involved in the above-stated previous cases.
22.That the aforesaid facts give the plaintiff a cause of action to file the present suit against the defendants. The cause of action arose for the first time on Date on which occupation was restored, when the occupation of the property in question was restored by the plaintiff to defendants no. 1 to 5 under the orders of the Hon'ble High Court, Delhi in the said Writ Petition, and thereafter on each occasion when defendants no. 1 to 5 became liable to vacate the property and to hand over its actual vacant possession to the plaintiff, and also when the defendants began making the illegal preparations and threats in respect of the property in question as stated above, and when the plaintiff requested the defendants to desist but the defendants refused to accede to the plaintiff's request. The cause of action is due and subsisting until the defendants are permanently restrained from creating third-party interests in the suit property, and it is a continuing one.
23.That the plaintiff has no other equally speedy and efficacious remedy available against the defendants at present, and the plaintiff would suffer irreparable loss and injury if the defendants or their agents are not permanently restrained.
24.That the subject matter of the present suit does not fall within the definition of a 'commercial dispute' as enumerated under Section 2(c) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. The plaintiff therefore prefers the present plaint for the institution of an ordinary suit for mandatory and permanent injunction, as the subject matter of the suit is non-commercial in nature.
25.That the balance of convenience lies in favour of the plaintiff and against the defendants, and irreparable loss is bound to be caused to the plaintiff if the relief as claimed is not granted.
26.That the property in question is situated at Location/colony of suit property, Locality of suit property, Delhi, which is within the local limits of the territorial jurisdiction of this Hon'ble Court. This Hon'ble Court therefore has territorial jurisdiction to try and entertain the present suit.
27.That the value of the suit for the purposes of court fee and jurisdiction is assessed at Suit valuation for court fee and jurisdiction for each of the reliefs of mandatory and permanent injunction. Court fee of Total court fee paid on plaint in all is being paid upon the plaint for these two reliefs. This Hon'ble Court therefore has pecuniary jurisdiction to try and entertain the present suit.
28.That the documents filed along with the plaint are true copies of the original documents to the best of the knowledge of the plaintiff.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:-
A.Pass a decree of mandatory injunction directing defendants no. 1 to 5 to vacate the property in question shown in Yellow in the site plan Annexure-A attached to the plaint, comprising the back shed (Area of back shed), Ground Floor Front Room (Area of ground floor front room), Mezzanine Floor (Area of mezzanine floor) and Top Floor Shed (Area of top floor shed), together with the common portions shown in Orange in the site plan Annexure-A, bearing Property No. Suit property number, and directing the said defendants to remove their articles and paraphernalia from the said property and to hand over its actual vacant possession to the plaintiff.
B.Pass a decree of permanent injunction in favour of the plaintiff and against the defendants, to the effect that defendants no. 1 to 5 shall not, in any manner, change or alter the existing condition of the property in question, shall not add or raise any construction over the said property, and shall not induct any other person into the property in question in any capacity whatsoever. It is further prayed that any other suitable, additional or alternative relief to which the plaintiff may be found entitled, in the peculiar facts and circumstances of the case, may also be granted to the plaintiff against the defendants.
C.Award the costs of the suit in favour of the plaintiff and against the defendants; and
D.Pass any other order or relief which this Hon'ble Court may deem fit, just and proper, in the facts and circumstances of the case, in favour of the plaintiff and against the defendants.
DELHIPLAINTIFF
THROUGH
DATED: Date of plaint
(Advocate)
Advocate's chamber/office address line 1,
Advocate's address line 2
Email:
Mob.: Advocate's mobile number
VERIFICATION:-
Verified at Delhi on this Date of verification day of Month and year of verification, that the contents of paragraphs 1 to 20 of the plaint are true and correct to my knowledge and belief, and that the contents of paragraphs 21 to 28 of the plaint are true on the basis of legal information received and believed by me to be true and correct. The last paragraph is the prayer to this Hon'ble Court.
PLAINTIFF
IN THE COURT OF DISTRICT & SESSIONS JUDGE;
Court district and court complex.
C.S. DJ NO. Suit number OF Year of suit.
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
(P.S.: Police station)
APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING AD-INTERIM EX-PARTE INJUNCTION.
MOST RESPECTFULLY SHOWETH:-
1.That the plaintiff has filed the accompanying suit, inter alia, for the grant of a decree of mandatory and permanent injunction against the defendants, directing them to vacate the suit property of the plaintiff. The contents of the accompanying suit may kindly be read as part and parcel of this application, and the same are not being repeated herein for the sake of brevity.
2.That the plaintiff purchased the entire property stated above from defendant no. 6 vide a validly executed and registered Sale Deed dated Date of the registered Sale Deed for a total sale consideration of Total sale consideration amount, registered under Registration No. Sale deed registration number, in Book No. Sale deed book number, Vol. No. Sale deed volume number, on pages Sale deed page numbers, on Date of registration of sale deed. The plaintiff therefore became the exclusive owner of the entire property, including the property in question, and continues to be such exclusive owner.
3.That defendant no. 1 filed a contempt petition before the Hon'ble Delhi High Court bearing No. Cont.Case(C) Contempt case number/Year of contempt case against defendant no. 6 and also against the plaintiff, attributing illegality to both of them. The plaintiff, however, played no adverse role in the said matter and never violated any undertaking or any injunction order of the Hon'ble Court; it was only defendant no. 6 who had delivered possession to the plaintiff under the said Sale Deed. The Hon'ble High Court therefore absolved the plaintiff in the contempt matter, but directed defendant no. 6 and the plaintiff to restore the occupation of defendant no. 1 with respect to the property in question.
4.That, in compliance with the directions of the Hon'ble High Court of Delhi, the occupation of defendants no. 1 to 5 was restored by defendant no. 6 and the plaintiff on Date on which occupation was restored.
5.That the plaintiff is a bona fide purchaser for valuable sale consideration, without notice of the dispute and litigation between defendants no. 1 to 6 inter se. The plaintiff is an innocent person who has been intentionally cheated by defendants no. 1 to 6.
6.That defendant no. 6 is colluding with defendants no. 1 to 5, and has therefore been impleaded as a defendant in the present proceedings, being a necessary party. Defendant no. 6 has moreover begun assisting defendants no. 1 to 5 in their illegal designs to grab the rights of the plaintiff. The plaintiff has learnt that defendants no. 1 to 6 are actively preparing to change the existing condition of the property in question by raising further construction thereon, and are preparing to induct strangers into the property so as to create complications for the plaintiff. The plaintiff requested defendants no. 1 to 6 to refrain from the proposed illegal acts, but they are threatening the plaintiff that they will implement their illegal designs come what may, and by force if necessary, in order to snatch away the property in question from the plaintiff. The plaintiff has already spent substantial amounts of his hard-earned money upon the property in question, yet his legal rights stand jeopardised by the selfish acts of defendants no. 1 to 6.
7.That in the event of the Defendants succeeding in their ill motives or intentions, the Plaintiff shall suffer irreparable loss.
8.That, in any event, the Plaintiff has a very good prima facie case in his favour, and the balance of convenience also lies in favour of the Plaintiff and against the Defendants.
9.That the Plaintiff shall suffer irreparable loss and injury, which cannot be compensated in terms of money, if the Defendants are not restrained by way of an ex-parte ad-interim injunction.
10.That no harm or loss is likely to be caused to anyone, much less to the Defendants, if the relief(s) prayed for are granted.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:
(a)Grant an order of temporary injunction restraining the respondents no. 1 to 5 from, in any manner, changing or altering the existing condition of the property in question shown in Yellow in the site plan Annexure-A attached to the plaint, comprising the back shed (Area of back shed), Ground Floor Front Room (Area of ground floor front room), Mezzanine Floor (Area of mezzanine floor), Top Floor Shed (Area of top floor shed), and also the common portion shown in colour Orange in the site plan Annexure-A, bearing Property No. Suit property number, New Delhi; from adding or raising any construction in the above-stated property; and from inducting any other person into the property in question in any capacity, in favour of the Plaintiff and against the Defendants, till the decision of the suit.
(b)Pass an ex-parte ad-interim injunction in favour of the Plaintiff against the Defendants till the decision of the present application for temporary injunction.
(c)Pass ex-parte ad-interim orders in terms of prayer (a);
(d)Pass any other or further order(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
DELHIPLAINTIFF
DATED: Date of applicationTHROUGH
Advocate's name
(Advocate)
Advocate's chamber/office address line 1,
Advocate's address line 2
Email: Advocate's email address
Mob. Advocate's mobile number
IN THE COURT OF THE DISTRICT & SESSIONS JUDGE
DISTRICT WEST; TIS HAZARI COURTS; DELHI.
C.S. DJ NO. Suit number OF Year of suit
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
(P.S.: Police station)
LIST OF RELIANCE
1.Photocopies of all the documents filed along with the List of Documents, the original documents of the suit property being in the possession of the Plaintiff.
2.Any other document which the Plaintiff may come into possession of at any time during the course of the proceedings.
DELHIPLAINTIFF
DATED: Date of applicationTHROUGH
Advocate's name
(Advocate)
Advocate's chamber/office address line 1,
Advocate's address line 2
Email: Advocate's email address
Mob. Advocate's mobile number
IN THE COURT OF THE DISTRICT & SESSIONS JUDGE
DISTRICT WEST; TIS HAZARI COURTS; DELHI.
C.S. DJ NO. Suit number OF Year of suit
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
AFFIDAVIT
I, Deponent's name S/o Deponent's father's name, aged about Deponent's age years, R/o Deponent's address, do hereby solemnly affirm and declare as under:-
1.That I am the Plaintiff in the above-noted case, am fully conversant with the facts and circumstances of the case, and am competent to swear this affidavit.
2.That the plaint has been drafted by my Counsel under my instructions. The contents of paragraphs 1 to Last paragraph number verified on knowledge of the plaint are true and correct to my knowledge, and those of paragraphs First paragraph number verified on legal advice to Last paragraph number verified on legal advice are true and correct as per the legal advice received and believed to be so. Nothing is false and nothing material has been concealed therefrom. The last paragraph is the prayer to this Hon'ble Court.
3.That the contents of the plaint may kindly be read as part and parcel of this affidavit, and the same are not being reproduced herein for the sake of brevity.
4.That the contents of the plaint as well as of the present affidavit have been read over to me and explained to me in the vernacular language, and I hereby state and declare that the contents of the said plaint are true and correct.
DEPONENT
VERIFICATION:
Verified at New Delhi on this Date of verification that the contents of my afore-going affidavit are true and correct, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF THE DISTRICT & SESSIONS JUDGE
DISTRICT WEST; TIS HAZARI COURTS; DELHI.
C.S. DJ NO. Suit number OF Year of suit
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
AFFIDAVIT
I, Deponent's name S/o Deponent's father's name, aged about Deponent's age years, R/o Deponent's address, do hereby solemnly affirm and declare as under:-
1.That I am the Plaintiff in the above-noted case, am fully conversant with the facts and circumstances of the case, and am competent to swear this affidavit.
2.That the application under Order CPC Order number Rule 1 & 2 r/w Section 151 of the CPC has been drafted by my Counsel as per my instructions, and I have duly read and understood the contents thereof after fully understanding the same.
3.That the contents of the application as well as of the present affidavit have been read over to me and explained to me in the vernacular language, and I hereby state and declare that the contents of the said application are true and correct.
DEPONENT
VERIFICATION:
Verified at Delhi on this Date of verification that the contents of my above affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF THE DISTRICT & SESSIONS JUDGE
DISTRICT WEST; TIS HAZARI COURTS; DELHI.
C.S. DJ NO. Suit number OF Year of suit
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
(P.S.: Police station)
LIST OF DOCUMENTS
| S.NO. | PARTICULARS | PAGES |
|---|---|---|
| 1. | SITE PLAN OF THE SUIT PROPERTY. |
| 2. | COPY OF SALE DEED DATED Date of the registered Sale Deed EXECUTED BY THE DEFENDANT NO. Defendant number who executed the sale deed IN FAVOUR OF THE PLAINTIFF. |
| 3. | COPY OF CIVIL SUIT BEARING NO. Civil suit number filed by defendants 1 and 2/2023 FILED BY THE DEFENDANTS NOS. 1 AND 2 AGAINST THE DEFENDANT NO. Defendant number who executed the sale deed, ALONG WITH DOCUMENTS. |
| 4. | COPY OF WRITTEN STATEMENT FILED BY THE DEFENDANT NO. Defendant number who executed the sale deed, ALONG WITH DOCUMENTS. |
| 5. | COPY OF ORDER DATED Date of first order of the Civil Judge PASSED BY THE LD. CIVIL JUDGE, DELHI, IN THE SUIT FILED BY THE DEFENDANTS. |
| 6. | COPY OF ORDER DATED Date of order and undertaking before Civil Judge AND THE UNDERTAKING GIVEN BY THE DEFENDANT NO. Defendant number who executed the sale deed BEFORE THE LD. CIVIL JUDGE, DELHI, IN THE SUIT FILED BY THE DEFENDANTS. |
| 7. | COPY OF FIR LODGED BY THE PLAINTIFF. |
| 8. | COPY OF LOAN DOCUMENTS OF THE SUIT PROPERTY. |
| 9. | COPY OF MCD DEMOLITION ORDER DATED Date of first MCD demolition order. |
| 10. | COPY OF THE FALSE AFFIDAVIT FILED IN THE MCD COURT. |
| 11. | COPY OF POLICE COMPLAINTS LODGED BY THE PLAINTIFF. |
| 12. | COPY OF DEMOLITION ORDER DATED Date of second MCD demolition order OF THE MCD. |
| 13. | COPY OF THE APPLICATION UNDER ORDER I RULE 10 OF THE CPC FILED BY THE PLAINTIFF. |
| 14. | COPY OF ORDER DATED Date of High Court contempt case order PASSED BY THE HON'BLE HIGH COURT OF DELHI IN CONT. CASE (C) Contempt case number/2023. |
| 15. | COPY OF EMAIL/LETTER DATED Date of compliance email/letter IN COMPLIANCE WITH THE ORDER DATED Date of High Court contempt case order OF THE HON'BLE HIGH COURT OF DELHI. |
DELHIPLAINTIFF
DATED: Date of applicationTHROUGH
Advocate's name
(Advocate)
Advocate's chamber/office address line 1,
Advocate's address line 2
Email: Advocate's email address
Mob. Advocate's mobile number
IN THE COURT OF THE DISTRICT & SESSIONS JUDGE
DISTRICT WEST; TIS HAZARI COURTS; DELHI.
C.S. DJ NO. Suit number OF Year of suit
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
Defendant's name: DEFENDANT
(P.S.: Police station)
APPLICATION UNDER ORDER XV-A READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING AD-INTERIM EX-PARTE INJUNCTION
MOST RESPECTFULLY SHOWETH:-
1.That the Plaintiff has filed the accompanying suit, inter alia, for the grant of a decree of mandatory and permanent injunction against the Defendants, directing them to vacate the suit property of the Plaintiff. The contents of the accompanying suit may kindly be read as part and parcel of this application, and the same are not being repeated herein for the sake of brevity.
2.That Defendant No. 6 is acting in collusion with Defendants Nos. 1 to 5. Further, Defendant No. 6 has begun assisting Defendants Nos. 1 to 5 in their illegal design to grab the rights of the Plaintiff. The Plaintiff has learnt that Defendants Nos. 1 to 6 are actively preparing to alter the existing condition of the property in question by raising further construction thereupon, and that they are preparing to induct strangers into the property in question so as to create complications for the Plaintiff. The Plaintiff requested Defendants Nos. 1 to 6 not to commit the proposed illegal acts; however, Defendants Nos. 1 to 6 are threatening the Plaintiff that they will implement their illegal designs come what may, and by dint of force, in order to snatch away the property in question from the Plaintiff. The Plaintiff has already spent substantial amounts out of his hard-earned money upon the property in question, yet his legal rights stand jeopardised by the selfish acts of Defendants Nos. 1 to 6.
3.That, as Defendants Nos. 1 to 5 are now in unauthorised occupation of the property in question, they shall be liable to pay the Plaintiff use and occupation charges/mesne profits at the rate of Mesne profits per month per month for the use of the property in question, from the date of filing of the suit until the vacation of the property. The property in question would fetch a monthly rent of not less than Mesne profits per month if let out in the open market. Applying that yardstick, Defendants Nos. 1 to 5 are liable to pay mesne profits to the Plaintiff at the said rate of Mesne profits per month per month.
4.That, even otherwise, the Plaintiff has a very good prima facie case in his favour, and the balance of convenience also lies in favour of the Plaintiff and against the Defendants.
5.That the Plaintiff shall suffer irreparable loss and injury, which cannot be compensated in terms of time or money, if the present application is not allowed in favour of the Plaintiff.
6.That no harm or loss is likely to be caused to anyone, much less to the Defendants herein, if the relief(s) prayed for is granted.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:
(a)Grant use and occupation charges/mesne profits at the rate of Mesne profits per month per month to the Plaintiff, for the use of the property in question, from the date of filing of the suit until the vacation of the property.
(b)Pass any other or further order(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
Place of suitPLAINTIFF
THROUGH
DATED:
Date of application
(Advocate)
Advocate's chamber/office address line 1,
Advocate's address line 2
Email: Advocate's email address
Mob. Advocate's mobile number
IN THE COURT OF DISTRICT & SESSIONS JUDGE;
District and courts complex.
C.S. DJ NO. Suit number OF Year of suit.
IN THE MATTER OF:-
Plaintiff's name: PLAINTIFF
VERSUS
Defendant's name: DEFENDANT
AFFIDAVIT
I, Deponent's name, S/o Deponent's father's name, aged about Deponent's age years, R/o Deponent's address, do hereby solemnly affirm and declare as under:-
1.That I am the Plaintiff in the above-noted case, am fully conversant with the facts and circumstances of the case, and am competent to swear this affidavit.
2.That the contents of the application under Order XV-A read with Section 151 of the Code of Civil Procedure, 1908 have been drafted by my counsel as per my instructions, and the contents thereof have been duly read and understood by me.
3.That the contents of the application as well as of the present affidavit have been read over and explained to me in the vernacular language, and I hereby state and declare that the contents of the said application are true and correct.
DEPONENT
VERIFICATION:-
Verified at Place of verification on this Date of verification that the contents of my above affidavit are true and correct to my knowledge, no part of it is false, and nothing material has been concealed therefrom.
DEPONENT