SUIT
FOR DAMAGES AND INJUNCTION FOR OBSTRUCTING A RIGHT TO USE WATER FOR IRRIGATION.[CD1]
IN
THE COURT OF THE ........
Suit
No. ................... of 20........
C.D..................................... Plaintiff
versus
C.F.....................................
Defendant
The
abovenamed plaintiff most respectfully submits as under:
1.
The plaintiff is, and was at the time
hereinafter mentioned, possessed of certain lands situate, etc., and entitled
to take and use a portion of the water of a certain stream for irrigating the
said lands.
2.
On the ................ day of
.................... 20 ....................the defendant prevented the
plaintiff from taking and obstructing and diverting the said stream.
3.
The plaintiff verbally requested the
defendant not to do so and also gave a registered notice dated
................... received by the defendant on ............ 20 .............,
requesting him to restrain himself from doing any further the wrongful act aforesaid,
and also to tender Rs. .................... as damages for his wrongful act
already committed and damage caused to the plaintiff. The reply of the
defendant denying his liability was received by the plaintiff on ....................20
....................
4.
The defendant is liable to be restrained by
issue of a permanent prohibitory injunction and to pay damages to the plaintiff
for the wrongful act committed and damage caused to the plaintiff as
aforementioned.
5.
The cause of action arose on ..................
20 .................... within jurisdiction of this Court when the defendant
first committed the wrongful act, secondly on .................... 20
................... when the defendant received the notice of the plaintiff and
lastly on ................... 20…………………. when the plaintiff received the reply
of the defendant denying his liability.
6.
The suit is valued at Rs. ..................
the amount of damages and Rs. ................... for the purposes of issuing
injunction, and court fee is paid on both the reliefs accordingly.
The
Plaintiff claims the following reliefs :
(i)
The Defendant be restrained by issuing a
permanent injunction restraining the defendant from interfering into the right
of plaintiff by preventing the plaintiff in any way from taking and using the
said portion of the said water.
(ii)
Payment of Rs. .................... as
damages for the wrongful act of the defendant already done and damage caused to
the plaintiff.
Plaintiff
Through
Advocate
I, abovenamed plaintiff, do hereby
verify that the contents of paras ................... to ................... of
the plaint are true to my personal knowledge and the of paras
...................and ................... thereof are based on legal advice
which I believe to be true.
Verified on this ................ day of
................... 20 .................. at ......
Plaintiff
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