SUIT FOR PARTITION & PERMANENT INJUNCTION
IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION, ________
Civil Suit No.____/20___
SUIT FOR PARTITION & PERMANENT INJUNCTION
The plaintiff above named submits this plaint, praying to state as follows:
- That the defendant_________________________________________________________________________________.
- Description of Properties: All that that piece and parcel of lands situate at __________________ as detailed below :
- That all the above mentioned were ancestral, and therein, the plaintiff _______________________________________
- That the plaintiff is working as a Deputy Engineer, and because of his employment, he is required to run from place to place, and hence, the properties are managed and looked after by the defendants only.
- That taking the benefit of this position, the defendants started acting in such a manner that the plaintiff be put to the maximum loss, and, accordingly, for no need or legal necessity, the defendant ___________________________________.
- That in fact, the defendant does not have any need for money, and the income from the ancestral properties is much more than his needs.
- That the defendant is also employed as a teacher, and his salary itself is sufficient to meet his expenses, and, as such, there was neither any legal necessity, nor was there any benefit of the estate, and hence, the defendant No. 1 did not have any right, title or interest to transfer the said properties without the plaintiffs consent, and hence, those sale deeds are not valid and binding on the share of the plaintiff in the said properties.
- That the plaintiff submits that the properties are the lands quite rich in quality and fertile. However, they have been shown to have been sold at a paltry amount of Rs. _________, which is much below the said transaction is sham and fraudulent. It has been effected with the sole intention of defeating the rights of the present plaintiff, and, hence, on this count also, the said sale-deeds are invalid and inoperative. However, the plaintiff is filing a separate suit for declaration and cancellation of the said sale-deeds, and he deserves his right to do so in the present suit.
- That after knowing about the said transactions, on or about____, and then, on______, the plaintiff had been to his village and then he called upon the defendants to explain as to why the said properties were transferred without his knowledge. However, the defendants refused to reply the queries, and thereupon, the plaintiff demanded partition of his share in the family properties. However, the defendants specifically denied to do so asserting that they would not give any property to this plaintiff, and hence, this suit.
- That the cause of action for the present suit first arose on_____ when the partition was demanded and denied and the same has since then been arising every day thereafter, and hence, the suit filed today is well within limitation.
- That the properties are situated within the local limits of the jurisdiction of this Court, and hence, this Hon'ble Court has jurisdiction to try and decide this suit.
- That the properties described in para 2 above being agricultural lands are valued at 20 times the revenue assessment, and proper court fee stamp is paid herewith. In addition to this, for declaration and injunction, the suit is valued at Rs.___, and the additional court fee stamp is paid thereon.
- That the plaintiff, therefore, prays that -
(A) It be declared that the plaintiff is entitled to one third share in the suit properties;
(B) The plaintiff’s one third share be divided by metes and bounds and given in his possession;
(C) While asserting the plaintiffs________________________________________________________________________.
(D) The defendants be permanently restrained from obstructing or interfering with the possession of the plaintiff of his properties;
(E) The plaintiff be paid his costs from the defendants, and
(F) Any other orders in the interest of justice be kindly passed.
ADVOCATE FOR PLAINTIFF
I, ______________________________,the present plaintiff, do hereby state on solemn affirmation that the contents of this plaint in paras 1 to 13 are true and correct to the best of my knowledge and belief, and I have signed hereunder at _______(Name of Place) this _ day of____20__
BEFORE THE HON'BLE HIGH COURT AT _______________________________
Affidavit in support of Application under Section 16 of the Civil Procedure Code and section 38 of Specific Relief Act, 1963
I,______, do hereby solemnly affirm and declare as under:-
- That the accompanying application has been prepared under my instructions.
- That the contents of paras 1 to 3 of the accompanying application are correct and true to the best of my knowledge.
- That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this the