IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;

DIST. NORTH; ROHINI COURTS, DELHI.

CIVIL SUIT NO. _____ OF 2024.

IN THE MATTER OF:

XXXXX                                                                  …PLAINTIFFS

VERSUS

XXXXX                                                                  …DEFENDANT

I N D E X

DELHI                                                                    PLAINTIFFS

THROUGH

DATED:-

XXXXX

ADVOCATES

XXXXX

           XXXXX

Mob: +91-XXXXX

Email: XXXXX

IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;

DIST. NORTH; ROHINI COURTS, DELHI.

CIVIL SUIT NO. _____ OF 2024.

IN THE MATTER OF:

XXXXX                                                                  …PLAINTIFFS

VERSUS

XXXXX                                                                  …DEFENDANT

MEMO OF PARTIES

1. XXXXX

2. MR. …………….                                                … PLAINTIFFS

VERSUS

XXXXXX                                                               … DEFENDANT

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

DELHI                                                                    PLAINTIFF

THROUGH

DATED:-

XXXXX

ADVOCATES

XXXXX

XXXXX

Mob: +91-XXXXX

Email: XXXXX

IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;

DIST. NORTH; ROHINI COURTS, DELHI.

CIVIL SUIT NO. _____ OF 2024.

IN THE MATTER OF:

1. XXXXX

2. MR. …………….                                                … PLAINTIFFS

VERSUS

XXXXX                                                        … DEFENDANT

SUIT FOR MANDATORY AND PERPETUAL, PERMANENT INJUNCTION.

MOST RESPECTFULLY SHEWETH:-

1.              That the Plaintiffs herein are the peace loving and law abiding citizen of India and the Plaintiffs are in peaceful and exclusive possession of the suit property land ad-measuring 4 bigha 2 biswa, out of Khasra bearing No.XXXX, situated in the area of Tehsil and Village Alipur, Distt. North Delhi (hereinafter called as “subject Property”).

2.              That the subject property is the ancestral property of the plaintiffs which purchased by Sh……………. from his hard earned money from …………….. and paid a consideration of Rs…………./- and in testimony of the same Sh. Madhav Ray executed General Power of Attorney, Agreement to Sell, possession letter, Affidavit, Receipt and Will dated ………...  The plaintiffs are the absolute owners of the ancestral suit property, which has been under the lawful ownership, use, and possession of the plaintiffs' family for several decades.

3.              That the subject property is ancestral in nature and has been passed down to the plaintiffs through successive generations. The plaintiffs have been in peaceful, uninterrupted, and continuous possession of the property, utilizing it for agricultural activities and for maintaining a gaushala (cow shelter), which serves as a source of livelihood for the plaintiffs' family.

4.              That the plaintiffs' family has never alienated, transferred, or relinquished their rights, title, or interest in the subject property to any third party, including the defendant. The possession of the plaintiffs over the subject property is legal, and they are the rightful owners thereof.

5.              That on 11.09.2024, the defendant, along with his agents and accomplices, unlawfully trespassed upon the subject property. The defendant, claiming to be the owner of the property, threatened the plaintiffs and attempted to forcibly dispossess them, with an intention to illegally take possession of the subject property. The actions of the defendant were clearly designed to dispossess the plaintiffs from their lawful and rightful possession.

6.              It is submitted that the Defendant is claiming ownership and possession of the subject property. The Defendant has no right, interest or title whatsoever in the suit property. The Defendant was aware of the fact the subject property is owned by the Plaintiffs. The story of the Defendant for purchasing the suit property is imaginary and concocted, there is no proof / document in this regard is being shared by the Defendant to prove the ownership of the Defendant.

7.              That the defendant has raised multiple frivolous and baseless issues in the subject property, in order to create nuisance and harass the plaintiffs. Defendant also has a conceited motive to grab the whole subject property and has time and again threatened the plaintiffs and their family members to vacate the suit property, when the plaintiffs refused to vacate the suit property.

8.              That defendant also forcing the plaintiffs to leave the property so that they can take entire possession of the property of the plaintiffs and thereafter sell out the same.

9.              That the defendant along with his associates, torturing and harassing the plaintiffs by way of giving life threats and since then the plaintiffs living under pressure and fear in house. It is further submitted that defendant has also tried to take forcefully possession of the entire suit property of the plaintiffs and dispossess them from the suit property. The defendant also forced the plaintiffs to transfer the whole suit property in their name.

10.           That seeing behavior of defendant with the plaintiffs has strong apprehension that defendant would forcefully grab the entire suit property of the Plaintiffs and throw them out from their own property and can cause/ commit serious offence with plaintiffs.

11.           That the defendant threatened the plaintiffs that he would vandalize the suit property and overlooks all the Laws and frequently committed illegal offences, defendant had evil intentions towards the suit property, the plaintiffs and the nearby property dealers are asking to the plaintiffs whether the plaintiffs selling her property since defendant had said that he is the owner of property.

12.           That the plaintiffs had no other speedy and efficacious remedy at present against the defendant and further the plaintiffs would suffer irreparable loss and injury in case the defendant or their agents were not restrained permanently from making intervention in the peaceful life and possession of the suit property only because of the greed to grab the entire suit property of the plaintiffs.

13.           That due to such conduct of defendant, the plaintiffs is under immense fear and threat that defendant would cause harm and loss to the life, limb and suit property, hence being felt alarmed to such inaction of the defendant, the plaintiffs left with no other option but to approach this Hon’ble Court to meet the justice.

14.           That by doing such acts defendant is not leaving any opportunity to harass and degrade the plaintiffs in all the ways and manners possible and in lieu of damages for mental torture, harassment, agony, humiliation, nuisance and creating any third party interest in suit property, which the plaintiffs have suffer and are undergoing at present because of wrongful, immoral and unethical acts done by defendant.

15.           That the plaintiffs herein is seeking protection from this Hon’ble Court by restraining the defendant and his associates from indulging in the aforesaid illegal acts by taking action in violation of law and in depriving the plaintiffs from their lawful possession of the suit property in a most illegal, arbitrary, whimsical manner and that denial of the same shall cause irreparable loss and injury to the plaintiffs.

16.           That the present suit is well within the limitation, in accordance with the Limitation Act, 1963 since the time period during which the proceedings had been initiated.

17. That the cause of action for filing the present suit arose on 11.09.2024, when the defendant, along with his agents and accomplices, unlawfully trespassed upon the subject property. It further arose when the Defendant created the third party right over the portion of the suit property. It further arose on ………. when the Plaintiffs lodged the complaint to the local police station, but no action has been taken till date. The cause of action further arose when the defendant along with their goons started harassing the plaintiffs and trespassed the suit property from time to time. The cause of action is a continuing one, as the defendant persists in his illegal claims and threats.

18.           That the immovable property in respect of which Mandatory, Perpetual and Permanent Injunctions from the defendant are sought is situated bearing land ad-measuring 4 bigha 2 biswa, out of Khasra bearing No.86/25, situated in the area of Tehsil and Village Alipur, Distt. North Delhi i.e. Police Station Alipur within the jurisdiction of this Hon’ble Court. As such this Hon’ble Court has jurisdiction to entertain and try the present suit.

19.           That the value of this suit;-

For the relief of two perpetual injunctions and mandatory injunction the suit is valued at Rs.130/- for each relief and court fee of Rs. 13/- is affixed for each relief with the plaint. Hence the total court fees of the amount of Rs.50/- is filed along with the present suit.

20.           That the balance of convenience lies in favour of the plaintiffs and against the defendant and irreparable loss is bound to occur to the plaintiffs, the relief as claimed is not granted.

21.           That the plaintiffs have not filed any suit/petition etc. before any other Court for claiming the similar relief.

PRAYER:-

In view of the above, the Plaintiff herein above prays as under;-

(a)            Pass a decree of Mandatory Injunction directing the defendant to remove himself, his agents, and accomplices from the subject property and to dismantle any structures, encroachments, or blockades that may have been erected by the defendant on the property in violation of the plaintiffs' rights.

(b)           Pass a decree in favour of the Plaintiffs and against the defendant for perpetual injunction his agents, representatives, or any other person acting on his behalf from asserting any claim of ownership, third party right or interest whatsoever over the subject property and from interfering in any manner with the plaintiffs' peaceful possession and use of the property.

(c)            Pass a decree of permanent and mandatory injunction in favour of the Plaintiff and against the defendant or their agents / associates and restrain from any exclusive occupation of the suit property land ad-measuring 4 bigha 2 biswa, out of Khasra bearing No. XXXX, situated in the area of Tehsil and Village Alipur, Distt. North Delhi; and

(d)           Pass a decree of mandatory injunction thereby the defendant and their agents be directed to not enter in the entire suit property and keep away from the said property or create any nuisance of any kind in an around the suit property as well as to stop threatening the plaintiffs and their family members in any manner; and

(e)            Pass a further decree of mandatory injunction thereby the defendant and their agents be directed to maintain the minimum distance of 200 mtr. at least from the entire suit property land ad-measuring 4 bigha 2 biswa, out of Khasra bearing No.XXXX, situated in the area of Tehsil and Village Alipur, Distt. North Delhi in order to maintain the peace in the locality and further to stop the defendant and his agents to do any criminal acts of taking the law in their hands; and

(f)             Award cost of the suit to the Plaintiffs; and

(g)           Pass any other relief in favour of Plaintiffs and against the defendant as this Hon’ble Court may deem fit and proper in the interest of justice.

DELHI                                                                    PLAINTIFFS

THROUGH

DATED:-

XXXXX

ADVOCATES

XXXXX

XXXXX

Mob: +91-XXXXX

Email: XXXXXX

VERIFICATION:-

Verified at New Delhi on this ___ day of September, 2024 that the contents of paras 1 to ….. of the plaint are true and correct to my knowledge and those of paras …… to …… are also believed to be correct on the basis of advice received, which is also believed to be correct and no part of it is false nor any thing material has been concealed therefrom. Last para contains the prayer to this Hon'ble Court.

PLAINTIFF

IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;

DIST. NORTH; ROHINI COURTS, DELHI.

CIVIL SUIT NO. _____ OF 2024.

IN THE MATTER OF:

XXXXX                                                                  …PLAINTIFFS

VERSUS

XXXXX                                                                  …DEFENDANT

APPLICATION ON BEHALF OF PLAINTIFFS UNDER ORDER 39 RULES 1 & 2 READ WITH SECTION 151 OF THE CODE  OF CIVIL PROCEDURE.

MOST RESPECTFULLY SHEWETH:-

1.       That the plaintiff has filed the present suit for mandatory and permanent injunctions in respect of immovable property land ad-measuring 4 bigha 2 biswa, out of Khasra bearing No.XXX, situated in the area of Tehsil and Village XXXX, Distt. North Delhi.

2.       That all the necessary and relevant details which entitle the plaintiffs to obtain decree for mandatory and permanent injunctions or the alternative relief as prayed in the suit have been mentioned in the said suit. The same are not reproduced herein for the sake of brevity. The same may, however, be read as part of the present application.

3.       That the suit flat has been lying vacant since long. It has come to the knowledge of the plaintiffs that the defendant is trying to dispose off the suit land / portion of the subject property and are contacting the dealers in this regard. In case the defendant succeed in their malafide design and part with possession or enter into any agreement with any third party in respect of the suit property, the same would cause serious harm and prejudice to the interest of the plaintiffs and would also result into multiplicity of litigation.

4.       That the plaintiffs have got a strong prima facie case in his favour and is likely to succeed in the main suit but the same is likely to take some time. However, in case the defendant succeeds in selling, transferring, alienating, encumbering or demolishing the suit property or part with possession thereof or any portion therefore or change its existing structures or create any third party interest therein, during the pendency of this suit, the plaintiffs would suffer irreparable loss and injury which cannot be compensated in terms of money and it would also result in multiplication of litigation between the parties.

5.       That the balance of convenience also lies in favour of the plaintiffs and against the defendant.

PRAYER

It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(a)            Pass an ad-interim order in favour of the plaintiffs and against the defendant for perpetual injunction for restraining the defendant from creating any third party rights or interest, whatsoever, in the suit property land ad-measuring 4 bigha 2 biswa, out of Khasra bearing No.XXXX, situated in the area of Tehsil and Village XXXX, Distt. North Delhi.

(b)           Pass an ad-interim order in favour of the Plaintiffs and against the defendant for perpetual injunction for restraining the defendant from creating any third party rights or interest, whatsoever, in any portion of the suit property land ad-measuring 4 bigha 2 biswa, out of Khasra bearing No.XXXX, situated in the area of Tehsil and Village XXXX, Distt. North Delhi

(c)            Pass ad-interim order of mandatory injunction thereby the defendant and their agents be directed to not enter in the suit property and keep away from the entire suit property or create any nuisance of any kind in an around the suit property as well as to stop threatening the plaintiff and her family members in any manner.

(d)           Pass an ad-interim order of mandatory injunction thereby the defendant and their agents be directed to maintain the minimum distance of 200 mtr. at least from the entire suit property land ad-measuring 4 bigha 2 biswa, out of Khasra bearing No. XXXX, situated in the area of Tehsil and Village XXXX, Distt. North Delhi in order to maintain the peace in the locality and further to stop the defendant to do any criminal acts of taking the law in their hands.

(e)            Any other further order/s as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the plaintiffs and against the defendant.

DELHI                                                                    PLAINTIFFS

THROUGH

DATED:-

XXXXX

ADVOCATES

Office at: XXXXX

           XXXXX

Mob: +91-XXXXX

Email: XXXXX

IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;

DIST. NORTH; ROHINI COURTS, DELHI.

CIVIL SUIT NO. _____ OF 2024.

IN THE MATTER OF:

XXXXX                                                                  …PLAINTIFFS

VERSUS

XXXXX                                                                  …DEFENDANT

AFFIDAVIT

Affidavit of Sh. XXXXX, aged about 47 years, S/o Sh. XXXXX R/o XXXXX, Delhi-1100**., do hereby solemnly affirm and declare as under:-

1.       That I am the Plaintiff No.1 in the above noted case and am well conversant with the facts and circumstances of the case and am, therefore, competent to swear this Affidavit.

2.       That the contents of the suit / plaint have been drawn on my instructions. I have read and understood the contents of the accompanying application and the same are true and correct to my knowledge and no part of it is false nor has anything material been concealed therein.

DEPONENT

VERIFICATION:-

Verified at New Delhi on this ___ day of September, 2024 that the contents of the above affidavit are true and correct to the best of my knowledge and nothing material has been concealed therein.

DEPONENT

IN THE COURT OF LD. DISTRICT & SESSIONS JUDGE;

DIST. NORTH; ROHINI COURTS, DELHI.

CIVIL SUIT NO. _____ OF 2024.

IN THE MATTER OF:

XXXXX                                                                  …PLAINTIFFS

VERSUS

XXXXX                                                                  …DEFENDANT

AFFIDAVIT

Affidavit of Sh. XXXXX, aged about 47 years, S/o Sh.XXXXX R/o XXXXX, Delhi-1100**., do hereby solemnly affirm and declare as under:-

1.       That I am the Plaintiff no.1 in the above noted case and am well conversant with the facts and circumstances of the case and am, therefore, competent to swear this Affidavit.

2.       That the accompanying application under Order 39 Rule 1 & 2 has been drawn on my instructions. I have read and understood the contents of the accompanying application and the same are true and correct to my knowledge and no part of it is false nor anything material has been concealed therein.

DEPONENT

VERIFICATION:-

Verified at New Delhi on this ___ day of September, 2024 that the contents of the above affidavit are true and correct to the best of my knowledge and nothing material has been concealed therein.

DEPONENT