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| SUIT FOR POSSESSION U/S 9 OF SPECIFIC RELIEF ACT |
PURPOSE OF SUIT U/S 9 OF SPECIFIC RELIEF ACT. To seek remedy from a civil court to restore the possession of the property in question, which has been occupied through illegal means by some irrelevant persons.
IN THE COURT OF LEARNED SENIOR CIVIL JUDGE, (name of the district)
In
the matter of:
(Give detail of plaintiff/s i.e., name, parentage, and complete address)
…Plaintiffs
Versus
(Give detail of plaintiff/s i.e., name, parentage, and complete address)
…Defendants
SUIT FOR POSSESSION U/S 9 OF
SPECIFIC RELIEF ACT, PERMANENT AND MANDATORY INJUNCTIONS
Respectfully
Sheweth;
1.
That the plaintiff No. 1
purchased the plot measuring 5 marlas bearing Khewat No. 000, Khatooni No. 00,
Khasra No. 000 situated at the revenue estate of Dhaman, Tehsil & District Jhelum
(hereinafter referred to as the suit plot) from defendant No. 1 vide registered
sale deed No. 1234 dated 09.12.2015. The suit plot is bounded as under:
East: Street 20 Ft
West: House of Mohsin
etc
North: Street
South: House (plot at the time of
purchase)
2.
That after purchasing the suit
plot, the plaintiff No. 1 took the possession of the same and due to financial
restrain sold the suit plot to his real brother /plaintiff No.2 and the
possession of the suit plot remained with the plaintiff No. 1 as the plaintiff
No. 2 is residing abroad.
3.
That the plaintiff No.1 enjoyed
the peaceful possession of the suit plot since 2015 i.e., the time of purchase
of the suit plot, and suddenly in the month of March 2019, the defendants
started claiming the ownership of the suit plot illegally, unlawfully and
without any cogent reason or justification, as the defendants have no concern
with the suit plot in any manner whatsoever.
4.
That in the month of March 2019,
when plaintiff No.1 visited the suit plot, it came into his knowledge that the
defendants illegally, unlawfully, and forcibly raised a boundary wall over the
suit plot by getting the advantage of the absence of plaintiffs. Plaintiff No.1
moved an application before the concentered police station but did not take any
action, therefore plaintiff No. 1 approached the office of senior police
officials for the redressal of her grievances (copy of the application is
attached herewith for kind perusal of this Hon’ble court).
5.
That now it came into the
knowledge of the plaintiff that the defendants are property dealers who used to
commit fraud with innocent people through different means and tactics and they
often sold the property from one Khasra number and transfer the possession from
another Khasra number and subsequently started harassing, blackmailing and
humiliating the innocent people and also dispossess the lawful owners by using
force, coercion and illegal means and deprive the lawful owners of their
exclusive and valuable property just to grab as well as monetary benefits.
6.
That the plaintiff No. 1 is a law-abiding
citizen and the defendants are a habitual notorious mafia and land grabber group,
who used to play with the compulsions of the innocent people, and the local
police are also not taking any action against the defendants, as the defendants
are influential persons who are also using their undue influence upon the local
police.
7.
That the plaintiff No. 1 number
of times requested the defendants through respectable to restrain from their
illegal and unlawful acts and designs but the defendants are not ready to
listen to anything reasonable and extending threats of dire consequences to the
plaintiffs, hence this suit.
8.
That the cause of action accrued
firstly when got knowledge about the illegal act of the defendants and finally
a few days ago on the final refusal of the defendants flatly refused to vacate
the occupied suit plot, and same is continuing day by day.
9.
That the suit plot is situated
within the territorial jurisdiction of this Hon’ble Court and the cause of
action also accrued within the territorial jurisdiction, hence this Hon’ble
Court has jurisdiction to try upon the matter.
10. That the value of the suit for the purpose of court fee and
jurisdiction is fixed as Rs.1100,000/-.
It is, therefore, most, respectfully prayed that a
decree for possession of suit plot fully mentioned in para No. 2 and a decree for permanent injunction
restraining the defendants permanently from handing over the possessions of
suit plot illegally, forcibly, without due process of law to any third person
or creating any third party interest and also restraining the defendants from
changing the nature and character of the suit plot or selling, alienating,
raising any sort of construction over the suit plot illegally, unlawfully in
any manner whatsoever and a decree for mandatory injunction directing the
defendants to hand over the vacant and peaceful possession of suit plot to the
plaintiffs may kindly be passed in favor of the plaintiff and against the
defendants with cost.
Any other relief, which this Hon’ble Court deems
fit and proper, may also be granted to the plaintiff.
Plaintiff
Through
(Counsel)
Verification:
Verified on Oath at (name of the city) on this _day
of July 2019 that the contents of paras No. 1 to 7 are true and correct to the
best of my knowledge and belief and remaining paras No. 8 to 10 are believed to
be true and correct on the basis of information received.
Plaintiff
IN THE COURT OF LEARNED SENIOR
CIVIL JUDGE, (name of the district)
In the matter of:
(Name of plaintiff/s) Versus (name of defendants/s)
SUIT FOR POSSESSION U/S 9 OF SPECIFIC RELIEF ACT, PERMANENT AND MANDATORY INJUNCTIONS
APPLICATION
UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CPC
Respectfully
Sheweth,
1. That the petitioners have filed the above-captioned suit, the grounds
taken in the main suit may kindly be read and treated as an integral part of
this application.
2. That the balance of convenience lies in favor of the petitioners
3. That the petitioners have a good prima-face case, which is likely to be
succeeded in his favor.
4. That the petitioners will suffer irreparable loss if the stay order is
not granted to the petitioners.
In view of the above,
it is, therefore, most humbly prayed that the instant application may kindly be
accepted and restrain the respondents permanently from handing over the
possessions of the suit plot illegally, forcibly, without due process of law to
any third person or creating any third party interest and also restraining the
respondents from changing the nature and character of the suit plot or selling,
alienating, raising any sort of construction over the suit plot illegally, unlawfully
in any manner whatsoever, till the final decision of the main suit.
Petitioners
Through
(Counsel)
IN THE COURT OF LEARNED SENIOR
CIVIL JUDGE, (name of the district)
In the matter of:
(Name of plaintiff/s) Versus (name of defendants/s)
SUIT FOR POSSESSION U/S 9 OF SPECIFIC RELIEF ACT,
PERMANENT AND MANDATORY INJUNCTIONS
APPLICATION UNDER ORDER 39 RULE 1
& 2 READ WITH SECTION 151 OF CPC
AFFIDAVIT
That I, (full name, parentage, and address of one of the plaintiffs),
do hereby solemnly affirm and declare as under: -
That the
contents of the above application are true and correct to the best of my
knowledge and belief and nothing has been concealed therein.
Deponent
Verified on Oath that the above deposition is true and correct to the
best of my knowledge and belief.
Deponent
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