A SUIT FOR PARTITION &
PERMANENT INJUNCTION [CD1]
IN THE COURT OF THE CIVIL JUDGE, SENIOR
DIVISION, PUNE
AT PUNEShri RAN _____ (Full Name) ___ age 43 years, occupation – service, resident of Rajgurunagar,
Taluka Khed, District Pune.
Plaintiff
Versus
1.
Shri AJN _(Full Name) _______ age 73 years, occupation - agriculture, 2.
Shri DAN ______ (Full Name) _____ age 40
years, occupation - service, both residents
of Rajgurunagar, Taluka Khed,
District Pune.
Defendants
A SUIT FOR PARTITION & PERMANENT
INJUNCTION
The plaintiff above named submits this
plaint, praying to state as follows :
1.The
Pedigree : That the pedigree is as follows :
AJN
(Defendant No. 1)
RAN
DAN
(Plaintiff)
(Defendant
No. 2)
That the defendant No. 1 is the father
of the plaintiff and the defendant No. 2, while the defendant No. 2 and the
plaintiff are full/real brothers.
2.
Description
of Properties :
All that that piece and parcel of lands situate within the
Registration Division &
District Pune, Sub-Division & Taluka Khed within the
local limits of the Pune Zilla Parishad, revenue village Rajgurunagar, as
detailed below:
3.
That all the above mentioned were
ancestral, and therein, the plaintiff had undivided l/3rd share.
4.
That the plaintiff is working as a
Deputy Engineer, and because of his employment, he is required to run from
place to place, and hence, the properties are managed and looked after by the
defendants only.
5.
That taking the benefit of this
position, the defendants started acting in such a manner that the plaintiff be
put to the maximum loss, and, accordingly, for no need or legal necessity, the
defendant No. 1, at the instigation of the defendant No. 2, sold out, on the
land properties mentioned at Sr. No. 1 above, and again sold out the land
property mentioned at Sr. No. 4 above, on
6.
That in fact, the defendant No. 1 does
not have any need for money, and the income from the ancestral properties is
much more than his needs.
7.
That the defendant No. 2 is also
employed as a teacher, and his salary itself is sufficient to meet his
expenses, and, as such, there was neither any legal necessity, nor was there
any benefit of the estate, and hence, the defendant No. 1 did not have any
right, title or interest to transfer the said properties without the plaintiffs
consent, and hence, those sale-deeds are not valid and binding on the share of
the plaintiff in the said properties.
8.
That the properties at Sr. Nos. 1 and
4 have been sold by the defendant No. 1 in favour of Shri VAG, who happens to
be the son-in-law of the defendant No. 1.
9.
That the plaintiff submits that the
properties are the lands quite rich in quality and fertile. However, they have been shown to have been
sold at a paltry amount of Rs. 20,000/-, which is much below the said
transaction is sham and fraudulent. It
has been effected with the sold intention of defeating the rights of the
present plaintiff, and, hence, on this
count also, the said sale-deeds are
invalid and inoperative. However, the plaintiff is filing a separate suit for
declaration and cancellation of the said sale-deeds, and he deserves his right
to do so in the present suit.
10. That
after knowing about the said transactions, on or about ______________ , and
then, on _, the plaintiff had been to his village and then he called
upon the defendants
to explain as
to why the said properties were transferred without his
knowledge. However, the defendants
refused to reply the queries, and thereupon, the plaintiff demanded partition
of his share in the family properties.
However, the defendants specifically denied to do so asserting that they
would not give any property to this plaintiff, and hence, this suit.
11. That
the cause of action for the present suit first arose on ________________ , when
the partition was demanded and denied and the same has since then been arising
every day thereafter, and hence, the suit filed today is well within
limitation.
12. That
the properties are situate within the local limits of the jurisdiction of this
Court, and hence, this Hon'ble Court has jurisdiction to try and decide this
suit.
13. That
the properties described in para 2 above being agricultural lands are valued at
20 times the revenue assessment, and
proper court fee stamp is paid herewith. In addition to this, for declaration
and injunction, the suit is valued at Rs. , and the additional court fee stamp
is paid thereon.
14. That the plaintiff, therefore,
prays that -
(a)It be declared that the plaintiff is
entitled to one-third share in the suit properties;
(b)The plaintiffs one-third share be
divided by metes and bounds and given in his possession;
(c)While asserting the plaintiffs
one-third share, the properties sold, as described in Sr. No. 1 and 4 of para 2
above be taken into account and included
in the shares, those
may be assigned to the defendants, and, thus, the plaintiff be given his
one-third share of all the properties.
(d) The defendants be permanently
restrained from obstructing or interfering with the possession of the plaintiff of his properties; (e) The
plaintiff be paid his costs from the defendants, and (f) Any other orders in
the interest of justice be kindly passed.
Pune,
Sd/- RAN
Dated
: ______ PLAINTIFF
Sd/- xXx
ADVOCATE FOR PLAINTIFF
VERIFICATION
I,
Shri RAN the present plaintiff, do
hereby state on solemn affirmation that the contents of this plaint in paras 1
to 14 are true and correct to the best of my knowledge and belief, and I have
signed hereunder at Pune this __ day of ____ 200_
Sd/- RAN PLAINTIFF
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