Plaint for permanent and mandatory injunction restraining defendants from alienating suit property
0 of 66 blanks filled
IN THE HON'BLE COURT OF THE LD. SENIOR CIVIL JUDGE, SAKET COURTS, SOUTH-EAST DISTRICT, DELHI
CS. CASE NO. Suit number../Year of suit filing
IN THE MATTER OF: -
Sh. Plaintiff's name...Plaintiff
Versus
Sh. Defendant no.1's name & Anr.…Defendants
INDEX
| S. No. | Particulars | Page No. |
| 1. | Memo of parties |
| 2. | Suit for Permanent and Mandatory Injunction along with affidavit |
| 3. | Application under Order 39 Rules 1 & 2 read with Section 151 CPC along with affidavit |
| 3. | List of Documents |
| 4. | Vakalatnama on behalf of the Plaintiff |
New DelhiPlaintiff
DatedThrough,
Counsel
IN THE HON'BLE COURT OF THE LD. SENIOR CIVIL JUDGE, SAKET COURTS, SOUTH-EAST DISTRICT, DELHI
CS. CASE NO. Suit number../Year of suit filing
IN THE MATTER OF: -
Sh. Plaintiff's name...Plaintiff
Versus
Sh. Defendant no.1's name & Anr.…Defendants
MEMO OF PARTIES
Sh. Plaintiff's name
S/o Late Sh. Plaintiff's father's name,
R/o H. No. Plaintiff's house number, Plaintiff's street/locality, Delhi…Plaintiff
Versus
1.Sh. Defendant no.1's name
S/o Sh. Defendant no.1's father's name
R/o- House No. Defendant no.1's house number, Defendant no.1's street/locality,
New Delhi-Defendant no.1's PIN code…Defendant No.1
2.Smt. Defendant no.2's name
W/o Sh. Defendant no.2's husband's name
R/o- House No. Defendant no.2's house number, Defendant no.2's street/locality,
New Delhi-Defendant no.2's PIN code…Defendant No.2
New DelhiPlaintiff
DatedThrough,
Counsel
IN THE HON'BLE COURT OF THE LD. SENIOR CIVIL JUDGE, SAKET COURTS, SOUTH-EAST DISTRICT, DELHI
CS. CASE NO. Suit number../Year of suit filing
IN THE MATTER OF: -
Sh. Plaintiff's name...Plaintiff
Versus
Sh. Defendant no.1's name & Anr.…Defendants
SUIT FOR PERMANENT AND MANDATORY INJUNCTION
MOST RESPECTFULLY SHOWETH: -
1.That the Plaintiff is a law-abiding citizen of India, residing at H. No. Plaintiff's house number, Plaintiff's street/locality, New Delhi-Plaintiff's PIN code, and is the absolute and sole owner of the property mentioned above, which he owns by virtue of a General Power of Attorney, Agreement to Sell, Will, etc. Copies of the said documents are annexed hereto as ANNEXURE P-1, and the site plan of the Suit Property is annexed herewith.
2.That the Suit Property was purchased by the Plaintiff, Sh. Plaintiff's name, S/o Late Sh. Plaintiff's father's name, from Sh. Previous owner's name, S/o Sh. Previous owner's father's name, R/o Previous owner's locality, Previous owner's street/locality, New Delhi, on Date of purchase (day/month) December Year of purchase, for a consideration of Rs. Consideration amount (lakhs digits),Consideration amount (remainder)/- (Consideration in words (lakhs) lakh Consideration in words (thousands) thousand only). The entire consideration amount was paid by the Plaintiff, and all the documents of sale of the Suit Property were executed by the erstwhile owner in favour of the Plaintiff.
3.That the Plaintiff is the absolute and sole owner of the Suit Property bearing H. No. Suit property house number, Suit property street/locality, New Delhi-Suit property PIN code (hereinafter referred to as the "Suit Property"), which comprises three floors, namely the Ground Floor, the First Floor and the Second Floor, each floor consisting of one drawing room, one bedroom, one latrine and bathroom and one kitchen. The total area covered is Plot area in square yards Sq. Yds. (Plot dimension (length)' x Plot dimension (breadth)'), out of khasra nos. Khasra numbers, situated in the area of village Village name, New Delhi-Suit property PIN code. A copy of the site plan is annexed hereto as ANNEXURE-P-3.
4.That the Plaintiff is an unfortunate father who has severed his relations with the Defendants, namely his son, Son's name (defendant no.1), and his daughter-in-law, Daughter-in-law's name (defendant no.2), because Son's name (defendant no.1) made the Plaintiff's life miserable. It is pertinent to mention that the Defendants used to visit the Plaintiff's residence demanding a share in the property out of greed, and used to meet property dealers with a view to selling the Plaintiff's house without the Plaintiff's consent, even though the Plaintiff is the absolute and sole owner of House No. Suit property house number, Suit property street/locality, Delhi. The Defendants used to humiliate and harass the Plaintiff and his family members in one manner or another.
5.That the Plaintiff has suffered great trauma, and his life has been miserable since the day of his elder son's marriage, it being noted that the Defendants' marriage was a love marriage. The Plaintiff endured the worst treatment at the hands of Defendant No. 2; however, owing to the inhuman behaviour of Defendant No. 2 and her family members, his health deteriorated day by day. Defendant No. 2 displayed a careless and irresponsible attitude towards the Plaintiff, never discharged her duties as a daughter-in-law, and abused and harassed the Plaintiff and his family members without any rhyme or reason, causing the Plaintiff grave mental and physical trauma. Defendant No. 2 pressurised the Plaintiff to leave his own house by subjecting him to mental torture and showing disrespect towards him and his family members.
6.That the Plaintiff hoped that the situation would normalise one day, but the attitude and behaviour of Defendant No. 2 did not improve at all; rather, her conduct towards the Plaintiff and his family members worsened, placing them in extremely grave and uninhabitable circumstances.
7.That the Plaintiff was left with no other option but to disown his son and daughter-in-law on account of their inhuman behaviour, use of abusive language and ill-treatment, whereby Defendant No. 2 subjected the Plaintiff to torturous circumstances and harassed him both physically and mentally. In the year Year of disowning publication, the Plaintiff disowned his son and daughter-in-law through a publication, as he no longer wished to have any relationship with the Defendants owing to their irrational behaviour. A copy of the publication is annexed hereto as ANNEXURE-P-4.
8.That on Date of police complaint (day)-Date of police complaint (month)-Date of police complaint (year), the Plaintiff filed a police complaint at Police Station Police station name, New Delhi, against Defendants Nos. 1 and 2 for pressurising the Plaintiff to sell his own house, failing which the Defendants threatened to implicate the Plaintiff and his family members in false and fabricated cases. A copy of the police complaint is annexed hereto as ANNEXURE-P-5.
9.That the Defendants have been living separately from the Plaintiff since Date defendants started living separately (day) October Date defendants started living separately (day), in a rented accommodation.
10.That on Date of trespass incident (day)-Date of trespass incident (month)-Date of trespass incident (year), at around Time of incident (hour):Time of incident (minutes) a.m., Defendant No. 2, along with her mother, namely Defendant no.2's mother's name, and her elder sister, namely Defendant no.2's sister's name, arrived at the Plaintiff's house and attempted to trespass therein. They began screaming abruptly and misbehaved with the Plaintiff and other family members, and also attempted to forcibly seize the Plaintiff's property. On account of the nuisance created by them, the neighbours gathered around the Plaintiff's house. Defendant No. 2, Smt. Defendant no.2's name, threatened the Plaintiff to sell the house, failing which she would implicate the Plaintiff and his family members in false and fabricated cases, such as a domestic violence case, dowry demand cases, a rape case, etc. Thereafter, after about an hour, Defendant No. 1, Sh. Defendant no.1's name, came to the Plaintiff's house, and they all, acting in concert, began abusing and threatening the Plaintiff and his family.
11.That according to Austin's definition, ownership comprises three principal attributes, namely, indefinite user, unrestricted disposition and unlimited duration.
12.That under the Law of Property Act, 1925, no person has the right to use or sell the immovable property of another without the consent of its owner, and if the owner objects to such use and denies the person permission to use his/her property, such use shall amount to trespass to property.
13.That the suit property bearing details H. No. Suit property house number, Suit property street/locality, City of suit property-Suit property PIN code stands in the name of the plaintiff, and the defendants have no right to use or sell the said property without the consent of the plaintiff. If the defendants do so without such consent, their acts shall amount to trespass to the suit property.
14.That it is pertinent to mention that, in respect of the suit property, i.e., H. No. Suit property house number, Suit property street/locality, City of suit property-Suit property PIN code, the defendants have been pressurising the plaintiff to transfer the suit property into their names. It is further submitted that the defendants attempted to forcibly take possession of the suit property and threatened the plaintiff that, if he did not transfer the suit property, they would falsely implicate him in various litigations, including civil, criminal and tortious proceedings.
15.That the defendants threatened the plaintiff that they would vandalise the suit property, and have acted in disregard of the law and frequently committed illegal acts. The defendants harboured malicious intentions towards the suit property, the plaintiff and the plaintiff's family. The property dealers in the vicinity have been enquiring of the plaintiff whether he intends to sell the suit property, since defendant no. 2 has been asking them to sell the same.
16.That for the last several years, the life of the plaintiff and his family members has been gravely disturbed owing to the unlawful conduct of the defendants. It is further submitted that the defendants have a habit of creating scenes and causing nuisance before the society in order to defame the plaintiff and his family members.
17.That the cause of action arose when the plaintiff lodged a police complaint against the defendants; it further arose when the plaintiff caused a publication against the defendants; it further arose when defendant no. 2 approached the property dealers to sell the property; and it further arose on Date of trespass incident (day).Date of trespass incident (month).Date of trespass incident (year), when defendant no. 2, along with Persons accompanying defendant no. 2 during the trespass, attempted to trespass upon the property of the plaintiff. The cause of action is still subsisting.
18.That the suit property is situated within the territorial jurisdiction of this Hon'ble Court, which is competent to entertain and try the present suit. The plaintiff has therefore approached this Hon'ble Court for the relief of injunction, as this Hon'ble Court has territorial jurisdiction to entertain the present suit.
19.That the value of the suit for the purposes of jurisdiction is Rs. Suit value for jurisdiction (₹), and the court fee of Rs. Court fee amount (₹) is affixed with the present plaint.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may be graciously pleased to:
i.Pass a decree of mandatory injunction directing the defendants, their attorneys, representatives, relatives and friends to be restrained from selling, using or creating any third-party interest in the suit property bearing details H. No. Suit property house number, Suit property street/locality, City of suit property-Suit property PIN code, in the interest of justice;
ii.Pass a decree of permanent and mandatory injunction under Sections 36 and 37 of the Specific Relief Act, 1963, restraining the defendants, their attorneys, representatives, relatives and friends from possessing, using or selling the suit property of the plaintiff, bearing details H. No. Suit property house number, Suit property street/locality, City of suit property-Suit property PIN code, which stands in the name of the plaintiff;
iii.Award the costs of the suit in favour of the plaintiff; and
Any other relief(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case may also be passed in favour of the plaintiff and against the defendants.
Place of signing of plaintPlaintiff
DatedThrough,
Counsel
VERIFICATION:
Verified at Place of verification on this day of Date of verification, that the contents of paragraphs Range of plaint paragraphs verified on knowledge of the plaint are true and correct to my knowledge, and the contents of paragraphs Range of plaint paragraphs verified on legal advice are true on the basis of legal advice received and believed by me to be true. The last paragraph is the prayer to this Hon'ble Court.
Plaintiff
IN THE HON'BLE COURT OF Designation of the court
CS CASE NO. Suit number/Year of suit filing
IN THE MATTER OF:
Plaintiff's name...Plaintiff
Versus
Defendant no.1's name & Anr....Defendants
AFFIDAVIT
I, Plaintiff's name, S/o Late Sh. Plaintiff's father's name, R/o H. No. Plaintiff's house number, Plaintiff's street/locality, City of plaintiff's residence-Plaintiff's PIN code, the deponent, do hereby solemnly affirm and declare as under:
1.That the deponent is the plaintiff in the accompanying suit for permanent and mandatory injunction filed by the deponent.
2.That being conversant with the facts and circumstances of the case, the deponent is competent to swear this affidavit, and the details set out in the present suit have been stated by the deponent / at the deponent's instructions. The deponent has read the contents of the application, which have been explained to him in vernacular, and has understood the same.
3.That the reliefs claimed in the application are urgent, inasmuch as the plaintiff is facing great hardship and has been harassed by the defendants.
4.That the facts stated herein are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
Deponent
Verification:
Verified at Place of verification on this day of Date of affidavit (day/month), Date of affidavit (year), that the contents of the above affidavit are correct to the best of my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.
Deponent
IN THE HON'BLE COURT OF Designation of the court
CS CASE NO. Suit number/Year of suit filing
IN THE MATTER OF:
Plaintiff's name...Plaintiff
Versus
Defendant no.1's name & Anr....Defendants
APPLICATION UNDER ORDER 39 RULES 1 & 2 CPC READ WITH SECTION 151 CPC ALONG WITH AFFIDAVIT
MOST RESPECTFULLY SHOWETH:
1.That the plaintiff has filed the present suit before this Hon'ble Court.
2.That it is apparent from a perusal of the grounds and the documents attached therewith that the applicant/plaintiff has a prima facie strong case in his favour, and the suit is likely to succeed.
3.That the balance of convenience lies in favour of the applicant/plaintiff. The grounds set out in the plaint may be read as part of the present application, so as to avoid repetition.
4.That for the last several years, the life of the plaintiff and his family members has been gravely disturbed owing to the unlawful conduct of the defendants. It is further submitted that defendants nos. 1 and 2 have a habit of quarrelling, creating unnecessary scenes, harassing the plaintiff and his family members, and attempting to sell the suit property, as a result of which the plaintiff has suffered severe mental and physical trauma.
5.That the plaintiff has no other speedy and efficacious remedy available at present against the defendants, and the plaintiff would suffer irreparable loss and injury in case the defendants are not restrained permanently, so as to restrain the defendants, their associates and agents from using the suit property, i.e., H. No. Suit property house number, Suit property street/locality, City of suit property-Suit property PIN code, or from claiming any right of ownership therein.
6.That the defendant is continuously giving threats to falsely implicate the plaintiff in criminal cases in connection with various litigations.
7.That the interests of justice demand that the defendant be permanently restrained from using the suit property, i.e., H. No. Suit property house number, Suit property street/locality, New Delhi-Suit property PIN code, and from claiming any right, title or interest of whatsoever nature therein, and be further directed not to use or attempt to resell the suit property without the consent of the plaintiff. If the defendant is not so restrained, the plaintiff will suffer irreparable loss and injury which cannot be compensated in terms of money, and the filing of the present suit will be rendered infructuous.
8.That the defendant No. 2 is continuously giving threats to falsely implicate the plaintiff and his family members in criminal cases in connection with various litigations.
9.That the interests of justice demand that the defendant be permanently restrained from using the suit property, i.e., H. No. Suit property house number, Suit property street/locality, New Delhi-Suit property PIN code, and from claiming any right, title or interest of whatsoever nature therein, and be further directed not to use or attempt to resell the suit property without the consent of the plaintiff. If the defendant is not so restrained, the plaintiff will suffer irreparable loss and injury which cannot be compensated in terms of money, and the filing of the present suit will be rendered infructuous.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may be graciously pleased to:-
i.pass an ex-parte interim order restraining the defendants, their attorneys, representatives, relatives and friends from entering upon, selling, or delivering possession of the property bearing H. No. Suit property house number, Suit property street/locality, New Delhi-Suit property PIN code, and from creating any third-party interest in the suit property, in favour of the plaintiff, in the interests of justice.
ii.pass an order restraining the defendants, their agents, relatives or friends from possessing or using the suit property bearing H. No. Suit property house number, Suit property street/locality, New Delhi-Suit property PIN code, which belongs to the plaintiff, in the interests of justice.
Any other or further relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the plaintiff.
New DelhiPLAINTIFF
DatedThrough,
COUNSEL
VERIFICATION:
Verified at New Delhi on this day of Date of verification of plaint, that the contents of paras no. Paragraph numbers verified on knowledge of the plaint are true and correct to my knowledge, and those of paras no. Paragraph numbers verified on legal advice are true on the basis of legal advice received and believed by me to be true. The last para is the prayer to this Hon'ble Court.
PLAINTIFF
IN THE HON'BLE COURT OF LD. SENIOR CIVIL JUDGE, SAKET COURT, SOUTH EAST DISTRICT, DELHI
CS CASE NO. Suit number/Year of suit filing
IN THE MATTER OF: -
Sh. Plaintiff's name...Plaintiff
Versus
Sh. Defendant no.1's name & Anr.…Defendants
AFFIDAVIT
I, Sh. Plaintiff's name, S/o Late Sh. Plaintiff's father's name, R/o H. No. Plaintiff's house number, Plaintiff's street/locality, New Delhi-Plaintiff's PIN code, the deponent, do hereby solemnly affirm and declare as under:-
1.That the deponent is the plaintiff in the accompanying application filed under Order 39 Rule 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908.
2.That the deponent, being fully conversant with the facts and circumstances of the case, is competent to swear this affidavit. The contents of the present application under Order 39 Rule 1 & 2 have been stated as per my instructions. I have read the contents of the application, which have been explained to me in vernacular, and I have understood the same.
3.That the reliefs claimed in the application are urgent, inasmuch as the plaintiff is facing great hardship and has been harassed by the defendant.
4.That the facts stated herein are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
Deponent
Verification:
Verified at New Delhi on this day of Date of affidavit (day/month), Date of affidavit (year), that the contents of the above affidavit are correct and true to the best of my knowledge and belief, no part of it is false, and nothing material has been concealed therefrom.
Deponent
IN THE HON'BLE COURT OF LD. SENIOR CIVIL JUDGE, SAKET COURT, SOUTH EAST DISTRICT, DELHI
CS CASE NO. Suit number/Year of suit filing
IN THE MATTER OF: -
Sh. Plaintiff's name...Plaintiff
Versus
Sh. Defendant no.1's name & Anr.…Defendants
LIST OF DOCUMENTS
New DelhiPlaintiff
DatedThrough,
Counsel