Suit for declaration, partition, permanent and mandatory injunction with supporting affidavit and interim injunction application
0 of 50 blanks filled
IN THE COURT OF DISTRICT & SESSIONS JUDGE
DIST. District of court; Number of courts COURTS; DELHI
CIVIL SUIT NO. Civil suit number OF 20Year of suit (last digit)
IN THE MATTER OF:
MR. Plaintiff's name: PLAINTIFF
VERSUS
MRS. First defendant's name & ANR.: DEFENDANTS
INDEX
| S.NO. | PARTICULARS | PAGES |
|---|---|---|
| 1. | COURT FEES |
| 2. | MEMO OF PARTIES |
| 3. | SUIT FOR DECLARATION, PARTITION, PERMANENT AND MANDATORY INJUNCTION, ALONG WITH SUPPORTING AFFIDAVIT |
| 4. | SCHEDULE-I: SCHEDULE OF PROPERTY |
| 5. | LIST OF RELIANCE |
| 6. | LIST OF DOCUMENTS/ANNEXURES |
| 7. | APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER Order number in CPC application 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.
PLAINTIFF
DELHITHROUGH
DATED:
ADVOCATE
IN THE COURT OF DISTRICT & SESSIONS JUDGE
DIST. District of court; Number of courts COURTS; DELHI
CIVIL SUIT NO. Civil suit number OF 20Year of suit (last digit)
IN THE MATTER OF:
MR. Plaintiff's name: PLAINTIFF
VERSUS
MRS. First defendant's name & ANR.: DEFENDANTS
MEMO OF PARTIES
SH. Plaintiff's name
S/o Late Sh. Plaintiff's father's name
Presently residing at Present residence country of the plaintiff
Through Attorney Holder Ms. Attorney holder's name
R/o Plaintiff's address,
Delhi-1100Plaintiff's pincode (last digits).: PLAINTIFF
VERSUS
1. MRS. First defendant's name
W/o Sh. First defendant's husband's name
R/o First defendant's address
New Delhi-1100First defendant's pincode (last digits).
Mob. No. First defendant's mobile number
2. MRS. Second defendant's name
W/o Late Sh. Second defendant's late husband's name
R/o Second defendant's address
Delhi-1100Second defendant's pincode (last digits).
Also at:
Second defendant's alternate address,
New Delhi-1100Second defendant's alternate pincode (last digits).: DEFENDANTS
PLAINTIFF
DELHITHROUGH
DATED:
ADVOCATE
IN THE COURT OF DISTRICT & SESSIONS JUDGE
DIST. District of court; Number of courts COURTS; DELHI
CIVIL SUIT NO. Civil suit number OF 20Year of suit (last digit)
IN THE MATTER OF:
MR. Plaintiff's name: PLAINTIFF
VERSUS
MRS. First defendant's name & ANR.: DEFENDANTS
(P.S.: Police station)
SUIT FOR DECLARATION, PARTITION, PERMANENT AND MANDATORY INJUNCTION
MOST RESPECTFULLY SHOWETH:-
1.That the Plaintiff is a peace-loving and law-abiding citizen of India and is in peaceful possession of the residential property bearing No. Suit property number, New Delhi-1100Suit property pincode (last digits) (hereinafter referred to as the "suit property"). The Plaintiff and the Defendant No. 1 are real brothers.
2.That the Plaintiff submits that the deceased father of the Plaintiff, namely Deceased father's name, was allotted the second floor of the suit property bearing No. Suit property number, New Delhi-1100Suit property pincode (last digits), vide conveyance deed dated Date of conveyance deed executed by the DDA for a consideration of Rs. Consideration amount under conveyance deed, along with roof rights, and all the family members resided on the said floor of the suit property. In the year Year of construction of third floor, the third floor was constructed with the financial contribution of the Plaintiff, and since then the Plaintiff and his family have been residing on the said floor of the suit property, while the Defendant, along with his family, has been residing on the second floor of the suit property. It is pertinent to mention that the water, electricity and house tax charges, among others, in respect of the suit property are in the name of the Plaintiff and have been borne solely by the Plaintiff.
3.It is further submitted that the father of the Plaintiff, Deceased father's name, died intestate on Date of death of the deceased father, that is, without executing any Will in favour of any person, either prior to or at the time of his death.
4.That Late Shri Deceased father's name died leaving behind his legal heirs, namely the Plaintiff and the Defendant herein.
5.That after the death of Late Shri Deceased father's name, it was orally agreed between the Plaintiff and the Defendant that the suit property would be sold and the sale proceeds divided among the legal heirs, namely the Plaintiff and the Defendant, and that they would continue to remain in possession of their respective shares as they already were, living therein with their families. In Month when the defendant attempted to sell the property, the Defendant, who is the brother of the Plaintiff, without informing the Plaintiff, contacted various property dealers and attempted to sell the suit property.
6.That there is a serious apprehension in the mind of the Plaintiff that the Defendant, in order to sell the suit property, may manipulate, forge and create false documents in respect of the suit property, illegally and dishonestly, and in gross violation of the terms on which the suit property was given to the Defendant for residence purposes only.
7.That by virtue of the aforesaid facts, the Plaintiff has an equal right, i.e., 50% share, in the suit property, whereas the Plaintiff is in deemed possession of the suit property.
8.That since the Plaintiff holds a half share in the suit property, the respective shares of the deceased father devolve upon his existing legal heirs in accordance with law, by virtue of the Hindu Succession Act, 1956.
9.It is stated by the Plaintiff that after the demise of the father of the Plaintiff, the Plaintiff was shocked to observe a material change in the conduct and behaviour of the Defendant, who started threatening the Plaintiff.
10.That the Plaintiff further submits that the Plaintiff has an undivided share in possession in the suit property, as mentioned above, and the Plaintiff, being a legal heir, falls under Class I of legal heirs as per the provisions of the Hindu Succession Act.
11.That the Defendant is in the process of creating third-party rights in the suit property without having full right, title and interest therein, even though the Plaintiff and the Defendant are the only legal heirs of Late Shri Deceased father's name.
12.It is further submitted by the Plaintiff that the father of the Plaintiff was critically unwell and was under medication and medical treatment for various ailments, and was not in a sound state of mind. Taking benefit of his condition, the Defendant may have got certain blank documents signed by Deceased father's name, which the Defendant has claimed at times during his conversations.
13.It would be pertinent to mention that the father of the Plaintiff was seriously ill for several months prior to his death, suffered from various ailments, and the medicines prescribed to him contained sedatives. On account of these ailments, he had to be regularly hospitalised in local hospitals and other nursing homes. The Plaintiff was instrumental in taking care of his deceased father during these difficult times and used to regularly take him to various doctors.
14.That the suit property be partitioned by metes and bounds and separate possession of the respective shares be confirmed to the legal heirs of Late Shri Deceased father's name, namely the Plaintiff and the Defendant.
15.In addition to the above, since the father of the Plaintiff was a businessman, the Defendant may be called upon to furnish the details of the bank accounts for the proper adjudication of the present case, and the Defendant may also be directed to furnish details of all the assets, whether movable or immovable, of Deceased father's name, so that the legitimate share may devolve upon the existing legal heirs. The Plaintiff further craves the leave of this Hon'ble Court to furnish additional details, if any, which come to the knowledge of the Plaintiff after the filing of the present suit, under the provisions of Order II Rule 2 of CPC.
16.That the captioned suit has been instituted by the Plaintiff for the purpose of seeking urgent reliefs against the Defendant. The Defendant, in an unlawful and illegal manner, is attempting to usurp the immovable suit property, which is in the joint possession of the Plaintiff and the Defendant, thereby depriving the Plaintiff of his legal rights and share in and pertaining to the suit property.
17.It is submitted that, over the last few months, the Plaintiff was shocked to observe a drastic change in the conduct and behaviour of the Defendant, who started threatening the Plaintiff in respect of the suit property. Matters are deteriorating day by day; owing to the steep rise in the market value of the property, the intentions of the Defendant have turned dishonest, and the Defendant, paying no heed to the blood relation of being a brother, has engaged in nuisance and intolerant behaviour towards the Plaintiff over the suit property, with the intention of usurping the entire share of the Plaintiff in the suit property.
18.That the Defendant has been exerting pressure upon the Plaintiff to settle the matter in accordance with the Defendant's illegal and immoral demands, and has repeatedly attempted to forcibly dispossess the Plaintiff from his peaceful possession of the suit property. The Defendant has also been compelling the Plaintiff to vacate the property so that the Defendant may take possession of the suit property and thereafter sell the same.
19.That the Defendant threatened the Plaintiff that he would vandalise the suit property in disregard of all laws, and has frequently committed illegal acts. The Defendant harbours mala fide intentions over the suit property; the Plaintiff and the nearby property dealers have been enquiring of the Plaintiff whether he intends to sell his property, since the Defendant has represented himself to be the owner of the property.
20.That the Plaintiff has no other speedy and efficacious remedy at present against the Defendant, and the Plaintiff would suffer irreparable loss and injury if the Defendant or his agents are not permanently restrained from interfering with the peaceful possession of the Plaintiff's share in the suit property, solely on account of the Defendant's greed to grab the entire undivided share of the suit property.
21.That the Plaintiff further apprehends that the Defendant may jeopardise or prejudice the Plaintiff's rights in the suit property if the Defendant creates any third-party rights therein. The Plaintiff also apprehends that the Defendant may attempt to interfere with the Plaintiff's right and share in the suit property as set out above.
22.That the Plaintiff further submits that the Plaintiff is in possession of a share in the suit property and, being a co-owner of the suit property, bore an equal consideration towards the construction of the Floor of the suit property constructed jointly of the suit property.
23.That the present suit has further become necessary inasmuch as the Plaintiff has been informed that the Defendant is making all-out endeavours to sell, alienate or create a third-party interest in his legitimate share, excluding the Plaintiff's share, in the aforementioned suit property.
24.That the cause of action for filing the present suit arose on First date of cause of action, when the Defendant threatened and attempted to dispossess the Plaintiff from the suit property. The cause of action further arose on Second date of cause of action, when the Defendant abused and threatened the Plaintiff with dire consequences and with implicating the Plaintiff in false cases. The cause of action is due and subsisting, and continues to subsist, until the Defendant is permanently restrained from creating third-party interests in the suit property.
25.That the valuation for the purposes of pecuniary jurisdiction exceeds INR Combined valuation of the suit property (₹)/-, being the combined valuation of the suit property; therefore, this Hon'ble Court has the original and pecuniary jurisdiction to try the present suit.
26.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. Therefore, the Plaintiff prefers the present plaint for the institution of an ordinary suit for partition, declaration and permanent injunction, as the subject matter of the suit is non-commercial in nature.
27.That the balance of convenience lies in favour of the Plaintiff and against the Defendant, and irreparable loss is bound to be caused to the Plaintiff if the relief as claimed is not granted.
28.That the Plaintiff has not filed any other suit for partition of the suit properties, which are the subject matter of the present suit, before this Hon'ble Court or any other court in India. That, by the acts and deeds of the Defendant, the Plaintiff has been left with no option but to approach this Hon'ble Court by filing the present suit for partition, declaration and permanent injunction.
29.That the suit has been valued, for the purposes of jurisdiction and court fees, as follows:-
a.For the purpose of jurisdiction in respect of the immovable property, the suit is valued at Rs. Valuation for jurisdiction (₹)/-; and, for the purpose of court fees for partition of the share in possession of the Plaintiff in the suit property, the suit is valued at Rs. Valuation for court fees for partition (₹)/-, upon which the requisite court fee is paid.
b.For the jurisdiction of the relief of declaration of entitlement to the share in possession of the Plaintiff in the suit property, the suit is valued at approximately Rs. Valuation for declaration relief (₹)/-, upon which the requisite court fee is paid.
c.For the purpose of the relief of permanent and mandatory injunction, the suit is valued at Rs. Court fee valuation for injunction reliefs (₹)/- each, upon which the requisite court fee has been affixed herewith. Further, the Plaintiff undertakes to pay any deficient court fee.
30.That the suit property falls within the jurisdiction of this Hon'ble Court, as the Plaintiff and the Defendant reside at the suit property, and moreover the entire cause of action arose at the suit property; hence, this Hon'ble Court has the territorial jurisdiction to entertain, try and decide the present suit.
31.That the subject matter of the suit is a non-commercial dispute in nature, and no similar suit is pending between the Plaintiff and the Defendant in respect of the same properties before any other court of law.
32.That the documents filed with the plaint are, to the best of the knowledge of the Plaintiff, based upon the original documents.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:-
A.Pass a preliminary decree for partition of the suit property bearing No. Suit property number, New Delhi - 1100Suit property pincode (last digits) (more specifically shown in red colour in the site plan-A attached), in favour of the Plaintiff and against the Defendant;
B.Grant a final decree of partition by metes and bounds, or by such other mode as may be decided by this Hon'ble Court, qua the shares already in the possession of the Plaintiff and the Defendant in the said suit property bearing No. Suit property number, New Delhi - 1100Suit property pincode (last digits), in favour of the Plaintiff;
C.Pass a decree of declaration in favour of the Plaintiff, thereby declaring the shares already in the possession of the Plaintiff and the Defendant in the suit property;
D.Pass a decree of permanent injunction in favour of the Plaintiff and against the Defendant, thereby restraining the Defendant, his associates, assigns, legal heirs, successors, nominees, etc., from creating any third-party interest in respect of the suit property, and from claiming the entire share or amount of the movable property as mentioned above in the suit;
E.Grant a decree of permanent and mandatory injunction in favour of the Plaintiff and against the Defendant, thereby restraining the Defendant, his agents, heirs, attorneys and/or representatives, etc., from illegally dispossessing the Plaintiff from the suit property, from interfering with and/or obstructing the peaceful possession of the suit property of the Plaintiff, or from otherwise creating any third-party interest in the suit property.
F.Grant costs of the suit in favour of the plaintiff and against the defendant; and
G.Pass such other order or further relief as 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 defendant.
PLAINTIFF
DELHITHROUGH
DATED:
ADVOCATE
VERIFICATION:-
Verified at Delhi on this Date of verification of plaint day of December, 2024, that the contents of paragraphs 1 to Last paragraph number true to knowledge of the plaint are true and correct to my knowledge and belief, and the contents of paragraphs First paragraph number true on legal information to Last paragraph number true on legal information of the plaint are true and correct on the basis of legal information received and believed to be true. The last paragraph is the prayer to this Hon'ble Court.
PLAINTIFF
IN THE COURT OF DISTRICT & SESSIONS JUDGE;
DIST. District of court; Number of courts COURTS; DELHI.
CIVIL SUIT NO. Civil suit number OF 20Year of suit (last digit).
IN THE MATTER OF:-
MR. Plaintiff's name: PLAINTIFF
VERSUS
MRS. First defendant's name & ANR.: DEFENDANTS
(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 grant of a decree of partition, declaration, and permanent and mandatory injunction against the Defendant, restraining him from alienating the Plaintiff's share in the suit property. 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 has legal rights over the suit property; however, the Defendant has been attempting to deprive the Plaintiff of his legal rights over the suit property.
3.That it has come to the knowledge of the Plaintiff that the Defendant, in conspiracy with others, is attempting to create third-party interests in the suit property and has been trying to cheat the Plaintiff by selling his rightful share therein.
4.That this application has become necessary because the Defendant is in the process of selling the suit property and dispossessing the Plaintiff from his rightful share therein by creating forged documents. If the Defendant is not immediately restrained by this Hon'ble Court, the Plaintiff shall be gravely prejudiced, and the present suit shall be rendered infructuous.
5.That in the event the Defendant succeeds in his ill motives or intentions, the Plaintiff shall suffer irreparable loss.
6.That, even otherwise, the Plaintiff has an excellent prima facie case in his favour, and the balance of convenience also lies in favour of the Plaintiff and against the Defendant.
7.That the Plaintiff shall suffer irreparable loss and injury, which cannot be compensated in terms of money, if the Defendant is not restrained by way of an ex-parte ad-interim injunction.
8.That no harm or loss is likely to be caused to anyone, much less to the Defendant, 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)Restrain the Defendant, his agents, attorneys, representatives, assigns, etc., from creating any third-party interest in the suit property bearing No. Suit property number, New Delhi-1100Suit property pincode (last digits), and from alienating or transferring the suit property to any third party during the pendency of the present suit;
(b)Pass an ad-interim / ex-parte injunction in favour of the Plaintiff and against the Defendant, restraining the Defendant from illegally and unlawfully dispossessing the Plaintiff and from entering into the portion of the suit property in the Plaintiff's share, during the pendency of the present suit; and/or
(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.
PLAINTIFF
DELHITHROUGH
DATED:
ADVOCATE
IN THE COURT OF DISTRICT & SESSIONS JUDGE;
DIST. District of court; Number of courts COURTS; DELHI.
CIVIL SUIT NO. Civil suit number OF 20Year of suit (last digit).
IN THE MATTER OF:-
MR. Plaintiff's name: PLAINTIFF
VERSUS
MRS. First defendant's name & ANR.: DEFENDANTS
LIST OF RELIANCE
1.Photocopies of all the documents filed along with the List of Documents, together with the original documents pertaining to the suit property.
2.Any other document which the Plaintiff may come into possession of at any time during the course of the proceedings.
PLAINTIFF
DELHITHROUGH
DATED:
ADVOCATE
IN THE COURT OF DISTRICT & SESSIONS JUDGE;
DIST. District of court; Number of courts COURTS; DELHI.
CIVIL SUIT NO. Civil suit number OF 20Year of suit (last digit).
IN THE MATTER OF:-
MR. Plaintiff's name: PLAINTIFF
VERSUS
MRS. First defendant's name & ANR.: DEFENDANTS
(P.S.: Police station)
SCHEDULE – I
Immovable property owned jointly by the Plaintiff and the Defendants:-
i.Property bearing No. Scheduled property number, Delhi.
PLAINTIFF
DELHITHROUGH
DATED:
ADVOCATE
IN THE COURT OF DISTRICT & SESSIONS JUDGE;
DIST. District of court; Number of courts COURTS; DELHI.
CIVIL SUIT NO. Civil suit number OF 20Year of suit (last digit).
IN THE MATTER OF:-
MR. Plaintiff's name: PLAINTIFF
VERSUS
MRS. First defendant's name & ANR.: DEFENDANTS
AFFIDAVIT
I, Deponent (attorney holder's) name, Attorney Holder of Sh. Plaintiff's name, aged about Plaintiff's age years, R/o Plaintiff's address, Delhi-1100Plaintiff's pincode (last digits), do hereby solemnly affirm and declare as under:-
1.That I am the Attorney Holder of the Plaintiff in the above-noted case and am fully conversant with the facts and circumstances of the case and competent to swear this affidavit.
2.That the contents of the plaint have been drafted by my Counsel under my instructions. The contents of paragraphs 1 to Last paragraph number true to knowledge of the plaint are true and correct to my knowledge, and those of paragraphs First paragraph number true on legal advice to Last paragraph number true 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 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 plaint are true and correct.
DEPONENT
VERIFICATION:-
Verified at New Delhi on this Date of verification of affidavit day of December, 2024, that the contents of my afore-going affidavit are true and correct, no part of it is false, and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF DISTRICT & SESSIONS JUDGE;
DIST. District of court; Number of courts COURTS; DELHI.
CIVIL SUIT NO. Civil suit number OF 20Year of suit (last digit).
IN THE MATTER OF:-
MR. Plaintiff's name: PLAINTIFF
VERSUS
MRS. First defendant's name & ANR.: DEFENDANTS
AFFIDAVIT
I, Deponent (attorney holder's) name, Attorney Holder of Sh. Plaintiff's name, aged about Plaintiff's age years, R/o Plaintiff's address, Delhi-1100Plaintiff's pincode (last digits), do hereby solemnly affirm and declare as under:-
1.That I am the Attorney Holder of the Plaintiff in the above-noted case and am fully conversant with the facts and circumstances of the case and competent to swear this affidavit.
2.That the contents of the Application under Order Order number in CPC application Rule 1 & 2 r/w Section 151 of the Code of Civil Procedure, 1908 were drafted by my counsel in accordance with my instructions, and I have duly read and understood the contents thereof.
3.That the contents of the application as well as 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 affidavit are true and correct.
DEPONENT
VERIFICATION :-
Verified at Place of verification of affidavit on this Date of verification of affidavit day of December, 2024, 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