IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST. WEST; TIS HAZARI COURTS; DELHI.

C.S. DJ NO. _______ OF 2023.

IN THE MATTER OF:-

XXX                              : PLAINTIFF

VERSUS

XXX                     : DEFENDANT

(P.S.: XXX)

INDEX

Note: -

1.     That no Caveat has been received in the captioned in the captioned matter.

2.     That the captioned suit is within the limitation period.

3.     That the captioned suit is not a commercial suit.

4.     That no similar suit is filed or pending before this Hon’ble Court or any other court.

5.     The Plaintiff undertakes to pay deficit court fees, if any.

DELHI                                                                          PLAINTIFF

DATED                         THROUGH

XXX

(Advocate)

XXX,

XXX

Email: XXX

Mob. XXX

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST. WEST; TIS HAZARI COURTS; DELHI.

C.S. DJ NO. _______ OF 2023.

IN THE MATTER OF:-

XXX                              : PLAINTIFF

VERSUS

XXX                    : DEFENDANT

(P.S.: XXX)

MEMO OF PARTIES

SH. XXX

S/o XXX

R/o XXX

Rohini, Delhi-110085.                                           : PLAINTIFF

VERSUS

1. XXX

S/o XXX

Mob. No. XXX

2. XXX

S/o XXX

Mob. No. XXX

Email: XXXXXX

3. XXX

D/o XXX

4. XXX

D/o XXX

All R/o XXX.

5. XXX.

Through Managing Director XXX

XXX.

6. XXX

S/o XXX

R/o XXXXX.

Mob. No.XX

Email: XXXXXX                                                             : DEFENDANTS

---------------------------------------------------------------------------------------

DELHI                                                                          PLAINTIFF

DATED               THROUGH

XXX

(Advocate)

XXX,

XXX

Email: XXX

Mob. XXX

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST. WEST; TIS HAZARI COURTS; DELHI.

C.S. DJ NO. _______ OF 2023.

IN THE MATTER OF:-

SH. XXX

S/o XXX

R/o XXX

XXXXXXXXXX.                                                            : PLAINTIFF

VERSUS

1. XXX

S/o XXX

Mob. No.XXX

2. XXX

S/o XXX

Mob. No. XXX

Email: XXXXXXXXX

3. XXX

D/o XXX

4. XXX

D/o XXX

All R/o XXXXXXXXXX.

5. XXX.

Through Managing Director XXX

XXXXXXXX.

6. XXX

S/o XXX

R/o XXXXXX.

Mob. No.XXXX

Email: XXXXX                       : DEFENDANTS

(P.S.: XXX)

SUIT FOR THE GRANT OF MANDATORY INJUNCTION DIRECTING THE DEFENDANTS NO. 1 TO 5 TO VACATE THE PROPERTY IN QUESTION SHOWN AS YELLOW IN THE SITE PLAN ANNEXURE-A ATTACHED TO THE PLAINT, COMPRISING OF 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, BEARING THE PROPERTY NO. XXXAND BY DIRECTING THESE DEFENDANTS TO REMOVE THEIR ARTICLES, PARAPHERNALIA FROM THE SAID PROPERTY AND TO HANDOVER ACTUAL VACANT POSSESSION OF THIS PROPERTY TO THE PLAINTIFF.

AND

FOR THE GRANT OF PERMANENT INJUNCTION TO THE EFFECT THAT THE DEFENDANTS NO. 1 TO 5 SHALL NOT ANY MANNER CHANGE/ALTER EXISTING CONDITION OF THE PROPERTY IN QUESTION, SHALL NOT ADD OR RAISE ANY CONSTRUCTIONS IN THE ABOVE STATED PROPERTY AND SHALL NOT INDUCT ANY OTHER PERSON INTO THE PROPERTY IN QUESTION IN ANY CAPACITY.

MOST RESPECTFULLY SHOWETH:-

1.                 That the Plaintiff herein is peace loving and law abiding citizen of India and the 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 attached to the plaint bearing property no. XXX comprising of 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 called as “suit property / property in question”). The site plan may please be treated as integral part of the present paint.  

2.                 That the plaintiff purchased the above stated entire property from the defendant no. 6 vide a validly executed registered Sale Deed dated 17.03.2023 from the defendant no. 6 for a total sale consideration of Rs. 7,92,00,000/- vide Registration No.1,888, In Book No.I, Vol. No.4,85, on page 116 to 124 on 23.03.2023, the true copy of which is being attached to this plaint as Annexure-B. Therefore, the plaintiff became the exclusive owner of this entire property including the property in question. It is not out of place to mention here that for purchasing of this property, the plaintiff had to raise a huge loan of Rs. 5,05,00,000/- from Hero FinCorp. Ltd. The plaintiff is continuing to be the exclusive owner of this property.

3.                 That the defendant no. 1 is the son of defendant no. 6. The defendant no. 2 is the son of defendant no. 1 whereas the defendants no. 3 and 4 are the daughter of defendant no. 1.

4.                 That after purchasing of the above stated suit property from the defendant no. 6, it came to the knowledge of the plaintiff that a well calculated heinous fraud was committed by the defendants no. 1 and 6 in conspiracy and collusion with each other by concealing the facts of litigation pending in the form of a Civil Suit at that time between defendant no. 1 and defendant no. 6 regarding the property in question. When the plaintiff came to know about the said facts regarding cheating, he inquired the matter further and filed an application U/o 1 Rule 10 CPC for his impleadment as a defendant in the Civil Suit (SCJ) No. XXX of 2022 titled as “Atul Sharma V/S Ramesh Chander Sharma”, then pending in the Hon’ble Court of XXX, Ld. Civil Judge, West Dist., Tis Hazari Courts, Delhi regarding the suit property in question. The plaintiff was ordered to be impleaded as a defendant in the above stated Civil Suit.

5.                 That from the above stated developments, the plaintiff came to know that as a matter of fact, there were initially very close, warm relationship between the defendant no. 1 and defendant no. 6 being son and father, due to which many years back i.e. in the year 1995, the defendant no. 6 had gratuitously allowed/licensed the defendant no. 1 temporarily and orally to occupy and use 450 sq. ft. in tin shed in the property in question for running his business. However, later on due to the expansion of the business, the said oral license was enlarge to the portion shown as Yellow in the site plan Annexure-A attached to the plaint in the year 2003 which included 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). The portion shown as Orange was allowed to be used to the licensees as common with the defendant no. 6. No permanent right was ever created by defendant no. 6 in favour of the licensees regarding any portion in question.

6.                 That the inquiries made by the plaintiff further revealed that initially, the defendant no. 1 has started using the property in question as a licensee under defendant no. 6 temporarily under oral license for running his business. Later on, the defendant no. 1 constituted partnership under the name and style of XXX in the property in question by adding partners from time to time. At one point of time, the other son of defendant no. 6 whose name was XXXwas also added as a partner by defendant no. 1 in the said partnership. Said Sh. XXX died on 20.01.2021 due to prolonged illness at a very early age.

7.                 That later on, the defendant no. 1 changed 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. The defendants no. 2 to 4, 5 were also allowed orally by the defendant no. 6 to carry on the business in the property in question along with defendant no. 1 as the said permission was just in the form of initial permission granted to defendant no. 1 by the defendant no. 6 more particularly when the defendants no. 2 to 4 were the grandson and grand-daughters of defendant no. 6 and that the defendant no. 5 was a private limited company constituted by the said family members.

8.                 That it is important to state here that when the plaintiff purchased the said property from the defendant no. 6, the latter had delivered the 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 regarding this property was pending between the defendant no. 6 and the defendant no. 1 and that any statements were recorded in that case regarding injunction matter. However, after purchasing of the said property and after making inquiries, the plaintiff came to know about the said pending civil suit between defendant no. 1 and defendant no. 6.

9.                 That the defendant no. 1 later on filed a contempt petition before the Hon’ble Delhi High Court bearing No. Cont.Case(C) XXX/2023 against the defendant no. 6 and also against the plaintiff attributing illegality to the defendant no. 6 and the plaintiff. But the plaintiff had no adverse role in the said matter and he never violated any undertaking or any injunction order of the Hon’ble Court. It was only the defendant no. 6 who had delivered the possession to the plaintiff under the said sale deed. Therefore, the Hon’ble High Court absolved the plaintiff from the contempt matter, but directed the defendant no. 6 and plaintiff to restore the occupation of defendant no. 1 with respect to the property in question.

10.             That complying with the direction of the Hon’ble High Court of Delhi, the occupation of the defendant no. 1 to defendant no. 5 was restored by the defendant no. 6 and the plaintiff on 03.10.2023.

11.             That the above said circumstances clearly show that the plaintiff has been sandwiched by the defendants no. 1 to 6 illegally, by taking undue advantage of their close relationship and by concealing the facts from the plaintiff.

12.             That the plaintiff has been a bonafide purchaser for a valuable sale consideration and without notice of the dispute and litigation between the defendants no. 1 to 6 inter-se. The plaintiff has been an innocent person who has been intentionally cheated by the defendants no. 1 to 6.

13.             That it is due the illegal acts of the defendants no. 1 to 6 that the occupation of the property in question which would have been legally with the plaintiff, has been robbed off from him by the acts of the defendants no. 1 to 6.

14.             That the defendants no. 1 to 5 have no legal right of any type to remain in occupation of the property in question and they are liable to vacate the property in question and to handover its actual vacant possession to the plaintiff by removing their articles and paraphernalia etc. because their status was earlier a status of licensees. The plaintiff by stepping into the shoes of the defendant no. 6 being the owner of this property is now entitled to get back the user and occupation of the property in question from the defendants no. 1 to 5.

15.             That the license of the defendants no. 1 to 5 stood automatically revoked when the property was sold by the defendant no. 6 to the plaintiff and when the above stated Civil Suit was filed by the defendant no. 1 etc. against defendant no. 6 and when the contempt proceedings were undertaken by the defendant no. 1 etc. against the defendant no. 6 and the plaintiff.

16.             That as the above stated oral license now stands terminated and revoked, so the defendants no. 1 to 5 are now legally obliged to deliver the actual user, occupation and possession of the property in question to the plaintiff by vacating the same. The defendants no. 1 to 5 are also legally liable to handover and vacate the common user of the portion shown as Orange in the site plan Annexure-A and to handover the user of this portion also exclusively to the plaintiff.

17.             That as the status of the defendants no. 1 to 5 was that of licensee whose license stands revoked and terminated, repudiated, so it is not necessary to file a suit for possession against them. The suit for mandatory injunction is very much the suitable remedy against the persons who are occupying the property un-authorizedly after the revocation/termination/repudiation of their license.

18.             That the plaintiff has been requesting the defendants no. 1 to 5, after 10.10.2023 to vacate the property in question and to handover its actual vacant possession to the plaintiff by removing their articles/paraphernalia etc. from the same. But the defendants no. 1 to 5 have refused to do so.

19.             That the defendant no. 6 is colluding with the defendants no. 1 to 5 and as such he has been impleaded as a defendant in the present case being necessary party. Moreover, the defendant no. 6 has started helping the defendants no. 1 to 5 in their illegal motives to grab the rights of the plaintiff. The plaintiff has come to know that the defendants no. 1 to 6 are now actively preparing to change the existing condition of the property in question by raising more constructions upon the same and that they are preparing to induct strangers into the property in question to create complication for the plaintiff. The plaintiff requested the defendants no. 1 to 6 not to commit the proposed illegal acts. But the defendants no. 1 to 6 are threatening the plaintiff that they will implement their illegal designs come what may and also by dint of force in order to snatch away the property in question from the plaintiff. The plaintiff has already spent hefty amounts out of his hard earned money upon the property in question, but his legal rights are in jeopardy by selfish acts of the defendants no. 1 to 6.

20.             That as the defendants no. 1 to 5 are now in authorized occupation of the property in question, they will be liable for the amount of use and occupation/mesne profits to the plaintiff at the rate of Rs.3 Lakhs per month for the user of the property in question from the date of filing of the suit till the vacation of the property. The property in question would fetch a monthly rent of not less than Rs.3Lakhs, if it is let out in the market. So applying that yardstick, the defendants no. 1 to 5 are liable to pay the mesne profits to the plaintiff at the said rate of Rs.3 Lakhs per month.

21.             That no other suit or proceedings have earlier been filed between the same parties regarding the property in question except detailed above. The Writ Petition mention above has already been disposed of by the Hon’ble High Court of Delhi, whereas the Civil Suit bearing No. CS(SCJ)XXX/2022 is presently pending for adjudication in the Court of XXX, Ld. Civil Judge, West Dist., Tis Hazari Courts, Delhi. However, the plaintiff has got a separate, independent and distinct right and cause of action to file the present suit against the defendants than involved in the above stated previous cases.

22.             That the aforesaid facts have given a cause of action to the plaintiff to file the present suit against the defendants. The cause of action arose for the first time on 03.10.2023 when the occupation of the property in question was restored by the plaintiff to the defendants no. 1 to 5 under the orders of Hon’ble High Court, Delhi in the said Writ Petition and also thereafter when the defendants no. 1 to 5 became liable to vacate the property and to handover its actual vacant possession to the plaintiff and also when the defendants started making above stated illegal preparations and threats regarding the property in question and when the plaintiff requested the defendants not to do so, but the defendants refused to accede to the request of the plaintiff. The cause of action is due and subsisting till the time the defendant is permanently restrained from creating third party in the suit property. The cause of action is still continues one.

23.             That the plaintiff had no other speedy and efficacious remedy at present against the defendants and further the plaintiff would suffer irreparable loss and injury in case the defendants or their agents were not restrained permanently.

24.             The subject matter of the present suit does not fall under 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 institution of an ordinary suit for declaration 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 occur to the plaintiff, the relief as claimed is not granted.

26.             That the property in question is situated XXX , area of Delhi which is within the local limits of territorial jurisdiction of this Hon’ble Court. Hence, this Hon’ble Court has got territorial jurisdiction to try the suit.

27.             That the value of the suit for the purposes of court fee and jurisdiction is assessed at Rs. 500/- each for the reliefs of mandatory and permanent injunction. Court fee of Rs. 50 and Rs.50/- (Rs. 100/- in all) is being paid upon the plaint for these two reliefs. This Hon’ble Court has got pecuniary jurisdiction to try the present suit.

28.             That  the documents filed with the plaint as per the knowledge of the plaintiff is based upon the original documents.

PRAYER:-

It is, therefore, respectfully prayed that this Hon’ble Court may kindly be pleased to:-

A.               Pass a decree of mandatory injunction directing the defendants no. 1 to 5 to vacate the property in question shown as Yellow in the site plan Annexure-A attached to the plaint, comprising of 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, bearing the Property No. XXX and by directing these defendants to remove their articles, paraphernalia from the said property and to handover actual vacant possession of this property to the plaintiff.

B.                Pass a decree of permanent injunction to the effect that the defendants no. 1 to 5 shall not any manner change/alter existing condition of the property in question, shall not add or raise any constructions in the above stated property and shall not induct any other person into the property in question in any capacity, may please be passed in favour of the plaintiff and against the defendants. It is further prayed that any other suitable, additional or alternative relief to which the plaintiff is found entitled in the pecuniary circumstances of the case may also be granted to the plaintiff against the defendants.

C.                Grant 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. 

DELHI                                                                          PLAINTIFF

THROUGH

DATED:-

XXX

(Advocate)

XXX,

XXX

Email: XXX

Mob. XXX

VERIFICATION:-

Verified at Delhi on this __ day of October, 2023, that the contents of para no. 1 to 20 of the plaint are true and correct to my knowledge and belief and those of para no. 21 to 28 of the plaint are true on the basis of legalinformation received and believed to be true and correct.Last para is prayer to this Hon'ble Court.

PLAINTIFF

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST. WEST; TIS HAZARI COURTS; DELHI.

C.S. DJ NO. _______ OF 2023.

IN THE MATTER OF:-

XXX                              : PLAINTIFF

VERSUS

XXX                    : DEFENDANT

(P.S.: XXX)

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 decree of Mandatory and Permanent Injunction against the Defendants to vacate the suit property of the plaintiff. The contents of the accompanying suit may kindly be read as parcel of this application and the same are not being repeated herein for the sake of brevity.

2.              That the Plaintiff purchased the above stated entire property from the defendant no. 6 vide a validly executed registered Sale Deed dated 17.03.2023 from the defendant no. 6 for a total sale consideration of Rs. 7,92,00,000/- vide Registration No.XXX , In Book No.I, Vol. No.4,85, on page 116 to 124 on 23.03.2023. Therefore, the plaintiff became the exclusive owner of this entire property including the property in question. The plaintiff is continuing to be the exclusive owner of this property.

3.              That the defendant no. 1 filed a contempt petition before the Hon’ble Delhi High Court bearing No. Cont.Case(C) XXX/2023 against the defendant no. 6 and also against the plaintiff attributing illegality to the defendant no. 6 and the plaintiff. But the plaintiff had no adverse role in the said matter and he never violated any undertaking or any injunction order of the Hon’ble Court. It was only the defendant no. 6 who had delivered the possession to the plaintiff under the said sale deed. Therefore, the Hon’ble High Court absolved the plaintiff from the contempt matter, but directed the defendant no. 6 and plaintiff to restore the occupation of defendant no. 1 with respect to the property in question.

4.              That complying with the direction of the Hon’ble High Court of Delhi, the occupation of the defendant no. 1 to defendant no. 5 was restored by the defendant no. 6 and the plaintiff on 03.10.2023.

5.              That the plaintiff has been a bonafide purchaser for a valuable sale consideration and without notice of the dispute and litigation between the defendants no. 1 to 6 inter-se. The plaintiff has been an innocent person who has been intentionally cheated by the defendants no. 1 to 6.

6.     That the defendant no. 6 is colluding with the defendants no. 1 to 5 and as such he has been impleaded as a defendant in the present case being necessary party. Moreover, the defendant no. 6 has started helping the defendants no. 1 to 5 in their illegal motives to grab the rights of the plaintiff. The plaintiff has come to know that the defendants no. 1 to 6 are now actively preparing to change the existing condition of the property in question by raising more constructions upon the same and that they are preparing to induct strangers into the property in question to create complication for the plaintiff. The plaintiff requested the defendants no. 1 to 6 not to commit the proposed illegal acts. But the defendants no. 1 to 6 are threatening the plaintiff that they will implement their illegal designs come what may and also by dint of force in order to snatch away the property in question from the plaintiff. The plaintiff has already spent hefty amounts out of his hard earned money upon the property in question, but his legal rights are in jeopardy by selfish acts of the defendants no. 1 to 6.

7.              That in case the defendants succeeds in his ill motives / intentions then the plaintiff shall suffer irreparable loss.

8.              That even otherwise the Plaintiff has very good prima facie case in his favour and the balance of convenience also lies in favour the plaintiff and against the Defendants.

9.              That the Plaintiff shall suffer irreparable loss and injury which cannot be compensated in terms of time and money if the Defendants is 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 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  temporary injunction to the effect that the respondents no. 1 to 5 shall not any manner change/alter existing condition of the vacate the property in question shown as Yellow in the site plan Annexure-A attached to the plaint, comprising of 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, bearing the Property No XXX , New Delhi, shall not add or raise any constructions in the above stated property and shall not induct any other person into the property in question in any capacity, may please be passed in favour of the applicant against the respondents, till the decision of the suit. 

(b)       Pass an ex-parte ad interim injunction may also be passed in favour of the applicant against the respondents till the decision of this application for temporary injunction.

(c)        Pass ex-parte ad interim orders in terms of prayer (a);

(d)       Pass any other order or further order(s) which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.

DELHI                                                                          PLAINTIFF

THROUGH

DATED:

XXX

(Advocate)

XXX,

XXX

Email: XXX

Mob. XXX

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST. WEST; TIS HAZARI COURTS; DELHI.

C.S. DJ NO. _______ OF 2023.

IN THE MATTER OF:-

XXX                              : PLAINTIFF

VERSUS

XXX                    : DEFENDANT

(P.S.: XXX)

LIST OF RELIANCE

1.     Photocopy of all the documents filed along with the List of Documents and original documents of the suit property is in possession of the Plaintiff.

2.     Any other document, which the Plaintiff may come in possession at any time during the course of the proceedings.

DELHI                                                                          PLAINTIFF

DATED               THROUGH

XXX

(Advocate)

XXX,

XXX

Email: XXX

Mob. XXX

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST. WEST; TIS HAZARI COURTS; DELHI.

C.S. DJ NO. _______ OF 2023.

IN THE MATTER OF:-

XXX                              : PLAINTIFF

VERSUS

XXX                    : DEFENDANT

AFFIDAVIT

I, XXX S/o XXX, aged about ___ years, R/o XXX, do hereby solemnly affirm and declare as under;-

1.       That I am 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 Para No. 1 to .... of the Plaint are true and correct to my knowledge and those of Para .... to ...... 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 para 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 to me and explained to me in 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 ___ day of October, 2023, that the contents of my afore-going affidavit are true and correct and no part of it is false and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST. WEST; TIS HAZARI COURTS; DELHI.

C.S. DJ NO. _______ OF 2023.

IN THE MATTER OF:-

XXX                              : PLAINTIFF

VERSUS

XXX                    : DEFENDANT

AFFIDAVIT

I, XXX S/o XXX, aged about ___ years, R/o XXX, do hereby solemnly affirm and declare as under;-

1.       That I am 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 XXXIX Rule 1 & 2 r/w Sec. 151 of CPC has been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same.

3.       That the contents of the application as well as the present affidavit have been read over to me and explained to me in vernacular language, and I hereby state and declare that the contents of the said plaint are true and correct.

                   DEPONENT

VERIFICATION :-

          Verified at Delhi on this _____, day of October, 2023 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

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST. WEST; TIS HAZARI COURTS; DELHI.

C.S. DJ NO. _______ OF 2023.

IN THE MATTER OF:-

XXX                              : PLAINTIFF

VERSUS

XXX                    : DEFENDANT

(P.S.: XXX)

LIST OF DOCUMENTS

DELHI                                                                          PLAINTIFF

DATED                         THROUGH

XXX

(Advocate)

XXX,

XXX

Email: XXX

Mob. XXX

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST. WEST; TIS HAZARI COURTS; DELHI.

C.S. DJ NO. _______ OF 2023.

IN THE MATTER OF:-

XXX                              : PLAINTIFF

VERSUS

XXX                    : DEFENDANT

(P.S.: XXX)

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 grant of decree of Mandatory and Permanent Injunction against the Defendants to vacate the suit property of the plaintiff. The contents of the accompanying suit may kindly be read as parcel of this application and the same are not being repeated herein for the sake of brevity.

2.              That the defendant no. 6 is colluding with the defendants no. 1 to 5. Moreover, the defendant no. 6 has started helping the defendants no. 1 to 5 in their illegal motives to grab the rights of the plaintiff. The plaintiff has come to know that the defendants no. 1 to 6 are now actively preparing to change the existing condition of the property in question by raising more constructions upon the same and that they are preparing to induct strangers into the property in question to create complication for the plaintiff. The plaintiff requested the defendants no. 1 to 6 not to commit the proposed illegal acts. But the defendants no. 1 to 6 are threatening the plaintiff that they will implement their illegal designs come what may and also by dint of force in order to snatch away the property in question from the plaintiff. The plaintiff has already spent hefty amounts out of his hard earned money upon the property in question, but his legal rights are in jeopardy by selfish acts of the defendants no. 1 to 6.

3.              That as the defendants no. 1 to 5 are now in authorized occupation of the property in question, they will be liable for the amount of use and occupation/mesne profits to the plaintiff at the rate of Rs.3 Lakhs per month for the user of the property in question from the date of filing of the suit till the vacation of the property. The property in question would fetch a monthly rent of not less than Rs.3Lakhs, if it is let out in the market. So applying that yardstick, the defendants no. 1 to 5 are liable to pay the mesne profits to the plaintiff at the said rate of Rs.3 Lakhs per month.

4.              That even otherwise the Plaintiff has very good prima facie case in his favour and the balance of convenience also lies in favour the plaintiff and against the Defendants.

5.              That the Plaintiff shall suffer irreparable loss and injury which cannot be compensated in terms of time and 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 Rs.3 Lakhs per month for use and occupation/mesne profits to the plaintiff, for the user of the property in question from the date of filing of the suit till the vacation of the property.

(b)       Pass any other order or further order(s) which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.

DELHI                                                                          PLAINTIFF

THROUGH

DATED:

XXX

(Advocate)

XXX,

XXX

Email: XXX

Mob. XXX

IN THE COURT OF DISTRICT & SESSIONS JUDGE;

DIST. WEST; TIS HAZARI COURTS; DELHI.

C.S. DJ NO. _______ OF 2023.

IN THE MATTER OF:-

XXX                              : PLAINTIFF

VERSUS

XXX                    : DEFENDANT

AFFIDAVIT

I, XXX S/o XXX, aged about ___ years, R/o XXX, do hereby solemnly affirm and declare as under;-

1.       That I am 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 XVA r/w Sec. 151 of CPC has been drafted by my counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same.

3.       That the contents of the application as well as the present affidavit have been read over to me and explained to me in vernacular language, and I hereby state and declare that the contents of the said plaint are true and correct.

                   DEPONENT

VERIFICATION :-

          Verified at Delhi on this _____, day of October, 2023 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