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IN THE HON'BLE COURT OF LD.
SENIOR CIVIL JUDGE, SAKET COURT, SOUTH EAST DISTRICT, DELHI
CS. CASE NO………../XXXX
IN THE MATTER OF: -
Sh. XXXXXXXX
...Plaintiff
Versus
Sh. XXXXXXX & Anr. …Defendant
INDEX
|
S. No. |
Particulars |
Page No. |
|
1. |
Memo of parties |
|
|
2. |
Suit for Permanent and
Mandatory Injunction along with affidavit |
|
|
3. |
Application U/O 39 R 1
& 2 read with section 151 CPC along with affidavit |
|
|
3. |
List of Documents |
|
|
4. |
Vakalatnama on behalf of
Plaintiff |
|
New Delhi Plaintiff
Dated: Through,
Counsel
IN THE HON'BLE COURT OF LD.
SENIOR CIVIL JUDGE, SAKET COURT, SOUTH EAST DISTRICT, DELHI
CS. CASE NO………../XXXX
IN THE MATTER OF: -
Sh. XXXXXXXXX ...Plaintiff
Versus
Sh. XXXXXXX & Anr. …Defendant
MEMO OF PARTIES
Sh. XXXXXXXXX
S/o Late Sh. XXXXXXXXX,
R/o H. No. XXX, XXXXXXX, Delhi …Plaintiff
Versus
1. Sh. XXXXXXXXXX
S/o Sh. XXXXXXXXX
R/o-
House no-XXX, XXXXXXX,
New Delhi-XXXXXXX …Defendant no.1
2. Smt. XXXXXXXXXX
W/o Sh. XXXXXXXXXX
R/o-
House no-XXX, XXXXXXXXX,
New Delhi-XXXXXX …Defendant
no.2
New Delhi Plaintiff
Dated: Through,
Counsel
IN THE HON'BLE COURT OF LD.
SENIOR CIVIL JUDGE, SAKET COURT, SOUTH EAST DISTRICT, DELHI
CS. CASE NO………../XXXX
IN THE MATTER OF: -
Sh. XXXXXXXXX
...Plaintiff
Versus
Sh. XXXXXXX & Anr. …Defendants
SUIT FOR PERMANENT AND
MANDATORY INJUNCTION
MOST RESPECTFULLY SHOWETH:-
1.
That plaintiff is a law-abiding citizen of India and the plaintiff
is a resident of H. No. XXX, XXXXXXXX, New Delhi-XXXXXX is absolute and sole
owner of the above-mentioned property and the same is owned by virtue of a
General Power Of Attorney, Agreement to sale, Will etc. Copy of documents are annexed
as ANNEXURE P-1 and the site plan of the Suit Property is
annexed here this petition.
2.
That suit property was purchased by
plaintiff i.e., Sh. XXXXXXX S/o late Sh. XXXXXXX from Sh. XXXXXXXXX S/o Sh. XXXXXXXXX
R/o XXX, XXXXXXX, New Delhi on XXth December XXXX @ Rs. X,XX,XXX/- (XXXX
lakh XXXXXXX thousand only), the whole consideration
amount is paid by the plaintiff and all the documents for the sale of the Suit
property was executed by the erstwhile owner in favor of the plaintiff.
3.
That the plaintiff is the absolute
and sole owner of the suit property bearing number: H. No. XXX, XXXXXXXX, New
Delhi-XXXXXX (Described as Suit Property) and the
suit property consisting three floors i.e., Ground floor, First floor, Second
floor and each floor consist one drawing room, one bed room, latrine and
bathroom and one kitchen, the total area covered is XX Sq.Yds (XX’ x XX’)out of
khasra nos.XXX, situated in the area of village XXXXXX, New Delhi-XXXXXX. Copy
of site plan is annexed as ANNEXURE-P-3.
4.
That the plaintiff is the
most unfortunate father on this earth because he has severed his relations from
defendants i.e., son of plaintiff namely XXXXXXXX and daughter in law XXXXXXX,
because XXXXXXXX made plaintiff’s life hell & miserable. It is also
important to mention here that the defendants use to come at plaintiff’s
residence for asking share in the property for their greed and lust & used
to meet with the property dealers for selling plaintiff’s house without the
consent of the plaintiff, while it is pertinent to mention here that the
plaintiff is the absolute and sole owner of the property no- H.no-XXX, XXXXXXX,
Delhi and the defendants used to humiliate and torture the plaintiff and his
family members by one way or the other way.
5.
That the plaintiff had really gone to a drastic trauma and his
life has become hell since the first day of his elder son’s marriage and it is
also important to mention her that this was the love marriage of defendants.
Whatever the worst thing, she could have faced from the defendant no.2, he
faced it but he has got mentally sick day to day due
to the inhuman behavior by the defendant no.2 and her family members, as the
defendant no.2 had very careless and irresponsible attitude towards plaintiff
and the defendant never perform her daughter in law’s duties, she only abused
and tortured the plaintiff and his family members without any rhyme & reasons,
which was a complete mental and physical trauma for plaintiff and the defendant
no.2 pressurized the plaintiff to leave his own house and by giving him mental
torture and showing her disrespectful behavior towards plaintiff and his family
members.
6.
That the plaintiff was in the hope that one day the situation
would get normalize but the attitude and behavior of the defendant no.2 didn’t
improve at all and her behavior became bad to worst towards the plaintiff and
his family members and put through extremely grave and inhabitable
circumstances by defendant no.2.
7.
That the plaintiff left with no other option and had to disowned
his son and daughter in-law due to her inhuman behavior, usage of bad language,
ill behavior & defendant no.2 put into torturous state of affairs, got
harassed physically as well as mentally and in year XXXX through publication the plaintiff
disowned his son and daughter in-law, the plaintiff did not want any type of
relationship with defendants due to the irrational behavior of the defendants.
Copy of the Publication is annexed as ANNEXURE-P-4.
8.
That on XX-XX-XXXX, the plaintiff filled a police complaint at
police station XXXXXXXX, New Delhi against the defendant no.1 and 2 for
pressurizing the plaintiff for selling his own house otherwise defendant will
implicate the plaintiff and his family members in false and fabricated case.
Copy of police complaint is annexed as ANNEXURE-P-5.
9.
That the defendants are living separately from plaintiff since
from XXth October XXXX at rented accommodation.
10.
That on XX-XX-XXXX in morning around XX:XX am, the defendant no.2 along with her mother namely XXXXX and elder sister namely XXXXXXX
arrived and tried to trespass in plaintiff house and started screaming abruptly
and misbehaved with plaintiff and other family members. They also tried to
forcefully seize the plaintiff property and started creating nuisance due to
this nuisance, the neighbors gathered around the plaintiff house and defendant no.2 XXXXXXXX has also
threatened the plaintiff to sell the house or otherwise defendant no.2
implicate the plaintiff and his family members into false and fabricated cases
like domestic violence case, dowry demand cases, rape case etc. and after an
hour defendant no.1 XXXXXXXXX came to plaintiff’s home
and they all grouped together started abusing and threatened the plaintiff and
his family.
11.
That according to the Austin’s definition the word ownership means
“ownership has focused on three main attributes of ownership, namely,
indefinite user, unrestricted disposition and unlimited duration.
12.
That according to Law Of Property Act 1925, no person has right to
use or sale anyone’s immovable property without the consent of the owner and if
the owner has any objection for the same and denies as person to use his/her property
would be treated as trespass to the property.
13.
That the ownership of the suit property bearing details H. No. XXX,
XXXXXXX, New Delhi-XXXXXX is under name of plaintiff and the defendants have no
right to use or sale the property without the consent of the plaintiff, if he
and she does so without the consent of plaintiff then defendants be treated as
trespass to the suit property.
14.
That it is pertinent to mention that suit property i.e., H. No.
XXX, XXXXXXXX, New Delhi-XXXXXX, the defendants forcing
the plaintiff to transferring the suit property under the name of defendants, it is further submitted
that the defendant forcefully tried to lay hold on suit property, the defendant
threatened the plaintiff that if he did not transfer the suit property
defendants will falsely implicate plaintiff in different litigations including
civil, criminal and tort etc.
15.
That the defendant threatened the plaintiff that he would vandalize
the suit property and overlooks all the Laws and frequently committed illegal
offences, the defendant had evil intentions towards the suit property,
plaintiff and plaintiff’s family and the nearby property dealers are asking the
plaintiff whether he is selling suit property since defendant no.2 asking to
sell the same.
16.
That in the last several
years the life of plaintiff and his family members is really getting disturbed
due to very bad and unlawful behavior of the defendants. That it is further
submitted that defendant has a bad habit of creating drama, nuisance in front
of the society to defame the plaintiff and it’s family member.
17.
That the cause of action arose when plaintiff made a police
complaint against defendants and further arose when plaintiff made a
publication against the defendants and further arose when the defendant no.2
met with the property dealers to sell the property and further arose when on XX.XX.XXXX,
defendant no.2 along her elder sister and mother tried to trespass the property
of plaintiff and cause of action subsisting.
18.
That the suit property is situated within the jurisdiction of the
Hon’ble Court and this Hon’ble court having competent jurisdiction to entertain
the present case for trial. Therefore, the plaintiff has approached before this
Hon’ble court and the relief of injunction is being sought from this Hon’ble
court since this Hon’ble Court has got the territorial jurisdiction to
entertain this suit.
19.
That the value of the suit for the purposes of jurisdiction is Rs…….
and
the court fee is Rs…… is affixed with this petition.
PRAYER
It
is, therefore, respectfully prayed that this Hon’ble court may be graciously
pleased enough to: -
i.
Pass a decree of mandatory injunction by way of directing the
defendants, their attorneys, representative, relatives, friends be restrained
from selling, using and creating third party interest in suit property bearing details
H. No. XXX, XXXXX, New Delhi-XXXXXX in the interest of justice:
ii.
Pass a decree order for permanent injunction and mandatory injunction
under section 36 & 37 of the Specific Relief Act, 1963, restraining the
defendants, their attorneys, representative, relatives, friends from
possessing, using or selling the suit property of the plaintiff, suit property
bearing details H. No. XXX, XXXXX, New Delhi-XXXXXX, which is in the name of the Plaintiff.
iii.
Order the cost of the suit in favor of the defendant;
Any other relief(s) which this Hon’ble court may deem fit and proper in the circumstances of the present case may also be passed in favor of the plaintiff and against the defendant.
New Delhi Plaintiff
Dated Through,
Counsel
VERIFICATION:
Verified at ____________ on
this day of XXXX,
that the contents of paras no. to of the plaintiff are true and correct to my
knowledge and those of paras no. I to III are true on the basis of legal advice
received and believed by me to be true. 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………../XXXX
IN THE MATTER OF: -
Sh. XXXXXXX
...Plaintiff
Versus
Sh. XXXXXXX & Anr. …Defendants
AFFIDAVIT
I, Sh. XXXXXX Pal S/o Late Sh. XXXXXXXXX, R/o H. No. XXX, XXXXX, New Delhi-XXXXXX the deponent, do hereby solemnly affirm and declare as under: -
1. That I, deponent is the plaintiff in the accompanying suit for
permanent injunction & mandatory injunction filed by deponent.
2. That being conversant with the facts and circumstances of the
case, I am competent to swear this affidavit and the details provided in the
present suit has been entered into by deponent/at my instructions. I have read
the contents of application and understood by me in vernacular.
3. That the reliefs claimed in the application are urgent in as
much as the complainant facing great hardship and has been harassed by the
defendant.
4. That the facts mentioned herein are true and correct to the
best of my knowledge and belief and nothing material has been concealed there
from.
Deponent
Verification:
Verified at New Delhi on this day of ______, XXXX that the contents of
the above affidavit are correct to the best of my knowledge and belief and no
part of it is false and nothing material has been concealed there from.
Deponent
IN THE HON'BLE COURT OF LD.
SENIOR CIVIL JUDGE, SAKET COURT, SOUTH EAST DISTRICT, DELHI
CS. CASE NO………../XXXX
IN THE MATTER OF: -
Sh. XXXXXX
...Plaintiff
Versus
Sh. XXXXXXX & Anr. …Defendants
APPLICATION UNDER ORDER 39
RULE 1 & 2 CPC READ WITH SECTION 151 CPC ALONG WITH AFFIDAVIT
Most Respectfully Showeth :
-
1.
That the plaintiff has
filed the present case before this honorable court.
2.
That it is apparent
from perusal of grounds and documents attached therewith that the applicant has
prima facie a very good case in her favor and the case is likely to succeed.
3.
The balance of
convenience is in favor of the applicant/plaintiff. The grounds of the case may
be read as part of this application to save the repetition.
4.
That in the last several years the life of plaintiff and
his family members life really getting disturbed due to very bad and unlawful
behavior of the defendants. That it is further submitted that defendant no.1
and 2 having a bad habit of fighting, creating unnecessary drama, torturing the
plaintiff and his family member and trying to sell the suit property resultant
the plaintiff gone through sever mental and physical trauma.
5.
That the Plaintiff has no
other speedy and efficacious remedy at present against the defendant and
further would suffer irreparable loss and injury in case the defendant is not
restrained permanently, restraining defendant, his associates, agents from
using and claiming any type of ownership right or using the suit property. i.e.,
H. No. XXX, XXXXX, New
Delhi-XXXXXX.
6.
That defendant is
continuously giving threats to commit offence under different litigations for
falsely implicate the plaintiff.
7.
That the interest of justice demands that the defendant is restrained permanently from using and claiming any type of ownership right
towards the said suit property. i.e., H. No. XXX, XXXXX, New Delhi-XXXXXX and also
direct the defendant not to use or try to resell the suit property without the
consent of the plaintiff. In case the defendant is not restrained then
the applicant/plaintiff will suffer irreparable loss and injury which cannot be
compensated in terms of money and filing of this case will become in fructuous.
8.
That defendant No.2 is continuously giving threats to commit
offence under different litigations to falsely implicate the plaintiff and his
family members.
9.
That the interest of
justice demands that the defendant is restrained permanently from using and claiming any type of
ownership right towards the suit property i.e., H. No. XXX, XXXXX, New Delhi-XXXXXX
and also direct the defendant not to use or try to resell the suit property
without the consent of the plaintiff. In case the defendant is not restrained then the applicant/plaintiff will
suffer irreparable loss and injury which cannot be compensated in terms of
money and filing of this case will become in fructuous.
PRAYER
It
is, therefore, most respectfully prayed before this Hon’ble court may be
graciously pleased enough to:-
i.
pass an ex-parte interim order against the defendants, their attorneys,
representative, relatives, friends be restrained from entering, selling,
handover possession of property bearing details H. No. XXX, XXXXX, New Delhi-XXXXXX,
creating third party interest in suit property bearing in favor of the
plaintiff in the interest of justice.
ii.
Pass an order for restraining the defendants, their agents, his
relatives or friends from possessing or using the defendants the suit property
bearing details H. No. XXX, XXXXX, New Delhi-XXXXXX of plaintiff in the interest of justice.
Any other relief or further relief which this Hon’ble Court may
deem fit and proper in the circumstances of the case be also allowed to the
plaintiff
New Delhi PLAINTIFF
Dated Through,
COUNSEL
VERIFICATION:
Verified at New Delhi on
this day of xxxx, that the contents
of paras no. to of
the plaint are true and correct to my knowledge and those of paras no. I to II
are true on the basis of legal advice received and believed by me to be true.
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………../XXXX
IN THE MATTER OF: -
Sh. XXXXXXXXXX
...Plaintiff
Versus
Sh. XXXXXXX & Anr. …Defendants
AFFIDAVIT
I, Sh. XXXXXXXX S/o Late Sh. XXXXXX, R/o H. No. XXX, XXXXX, New
Delhi-XXXXXX the deponent, do hereby solemnly affirm
and declare as under:-
1. That I, deponent is the plaintiff in the accompanying
application U/O 39 R 1 & 2 filed by the deponent.
2. That being conversant with the facts and circumstances of the
case, I am competent to swear this affidavit and the details provided in the
present application U/O 39 Rule 1 & 2 has been entered into by deponent at
my instructions. I have read the contents of application and understood by me
in vernacular.
3. That the reliefs claimed in the application are urgent in as
much as the complainant facing great hardship and has been harassed by the
defendant.
4. That the facts mentioned herein are true and correct to the
best of my knowledge and belief and nothing material has been concealed there
from.
Deponent
Verification:
Verified at New Delhi on this day of _______, XXXX that the contents of the above affidavit are correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed there from.
Deponent
IN THE HON'BLE COURT OF LD.
SENIOR CIVIL JUDGE, SAKET COURT, SOUTH EAST DISTRICT, DELHI
CS. CASE NO………../XXXX
IN THE MATTER OF: -
Sh. XXXXXXXXX ...Plaintiff
Versus
Sh. XXXXXXX & Anr. …Defendants
LIST OF DOCUMENTS
New Delhi Plaintiff
Dated Through,
Counsel
