SUIT FOR REFUND OF AUCTION
PURCHASE PRICE IN CASE WHERE THE JUDGMENT DEBTOR WAS FOUND TO HAVE NO SALEABLE
INTEREST IN THE PROPERTY. [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.
That the plaintiff purchased the land detailed at the foot of the plaint in
auction purchase held under a Decree in suit No. .................... of
.................. 20 .................... in satisfaction thereof, on
................. 20 .................... for Rs. ................ from
................... the Bhumidhar of that land.
2.
That .................... the sister of the defendant had obtained a decree
against the judgment-order aforesaid and applied for possession of half share
in the land aforesaid from the plaintiff and her share was declared by the
Court to be one half in the property due to a will executed by the deceased
father of ...........and .................
3.
That the Court also held that .................., had no saleable interest in
the half share of the land aforesaid, and decreed possession of half share
thereof to .................... from the plaintiff.
4.
That accordingly the plaintiff has been deprived of the possession of share of
the land aforesaid, and has suffered loss of Rs. .................... due to
wrong and fraudulent act of ................. which amount has been received by
.................... fraudulently concealing the will of his deceased father.
5.
The cause of action arose on .................... when the plaintiff came to
know of the fraud played upon him by concealment of facts abovementioned, and
this court has jurisdiction to decide the case.
6.
That the suit is valued at Rs. .................... purchase money and damages
caused by .................. in defending the sun............ and Court-fee is
paid thereon.
The plaintiff claims payment of Rs.
.................. the half amount of auction purchase and damages incurred in
defending the suit aforesaid and interest from the date of payment of auction
purchase money in court and also interest from date of filling the suit till
payment thereof.
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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