SUIT FOR DAMAGES AND INJUNCTION FOR OBSTRUCTING A RIGHT TO USE WATER
FOR IRRIGATION [CD1]
IN THE COURT OF THE....................
Suit No..................... of 19....................
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.................... 19..................... 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....................
19..................... 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.............
19..............
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 already committed and damage caused to the
plaintiff as aforementioned.
5.
The cause of action arose
on.................... 19.................... within jurisdiction of this Court
when the defendant first committed the wrongful act, secondly
on.................... 19.................... when the defendant received the
notice of the plaintiff and lastly on....................
19.................... when the plaintiff received the reply of the defendant
denying his liability.
6.
The suit is valued at
Rs...................... the amount of damages claimed and
Rs..................... for the purposes of issuing injunction, and Court, fee
is paid on both the reliefs accordingly.
RELIEFS CLAIMED:
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 the 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
those of paras.................... and.................... thereof are based on
legal advice which I believe to be true.
Verified on
this................. day of.................... 19....................
at....................
Plaintiff
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