In the court of Civil Judge (S.D.
), Prem Nagar, Dehradun
O.S. No. of 2019
Akhil Sharma, S/o Rajesh Sharma, R/o. 32/C, Palm Enclave, Prem Nagar,
Dehradun, Uttarakhand
...................Plaintiff
Vs.
Anand Sharma, S/o Rajesh Sharma, R/o 114 B, Model Town, Prem Nagar,
Dehradun, Uttarakhand
..............Defendants
Sir,
The plaintiffs most respectfully submit as under:-
1. That Akhil Sharma, is S/o Rajesh Sharma, R/o. 32/C, Palm Enclave, Prem
Nagar, Dehradun, Uttarakhand.
2. That he owns a chemist shop in Doon hospital alongside his brother.
3. That he was legally adopted by Mr. Rajesh, 25 years ago from a
government hospital.
4. That after the death of Mr. Rajesh Sharma the disputed land should have
been inherited by both of his sons equally under rules of Hindu succession
act, 1956.
5. That the description of the disputed property :
The area 2000 sq. feet, valued at Rs. 5 Crore, situated at Prem nagar,
Dehradun ( Uttarakhand ).
The plot is registered at the registrar office with Khasra number: 272/F.
The boundaries are shared with Kohli dairy at East, with puma showroom
at west, national highway at north and an empty plot at south.
6. That there was no will which was left to decide the fate of the property,
and was illegally possessed by Mr. Anand Sharma.
7. That the plaintiff’s father passed away 2 months ago, on april 24, 2019 as a
result of a road accident infront of Cambridge school, near Pondha. Since,
he was not anticipating his death, he did not leave behind any will
describing the division of property.
8. That, soon after the death of Mr. Rajesh Sharma the defendant took the
illegal possession of the property and made forged documents to further
sell the property.
9. That the cause of action arose on May 20, 2019 right after the defendant
forged the property documents to sell the property and also there was no
intimation about the same.
10. That cause of action for the present suit arose within the jurisdiction of this
Ld. Court as aforesaid, Hence this Ld. Court has jurisdiction to entertain
here and decide the same.
11. That for the purpose of valuation the suit is valued at Rs.5,50,00,000 on
which court fee of Rs. 50,000 is being paid.
Plaintiff prays a decree against the defendants for the following reliefs:-
A) For a recovery of Rs.50,00,000/- from the defendants to the plaintiff.
B) Interest @4% per month on the aforesaid amount of Rs. 50,00,000/- from the date
of suit till realization.
C) The ancestral property should be divided equally, amongst both the brothers.
D) Any other relief in addition to or substitution thereof as the Ld. Court made deem
fit and proper in the circumstance of the case in favour of the plaintiff.
Dated Plaintiff through authorized signatory
I, Rajkumar Rao, authorized signatory of the plaintiff do hereby verify that the
contents of the above plaint in paras 1 to 11 are partly true to my own knowledge
and partly true on the basis of documents and partly on the basis of information
and legal advice received, which I believe to be true. Verified at Dehradun on
25th day of August, 2019.
Plaintiff through authorized Signatory
In the court of Civil Judge (S.D.), Prem Nagar, Dehradun
O.S. No. of 2019
MR. AKHIL SHARMA
Vs.
MR. ANAND SHARMA,
Affidavit of Akhil Sharma, S/o Rajesh Sharma, R/o. 32/C, Palm Enclave, Prem
Nagar, Dehradun, Uttarakhand.
.........Deponent
I the deponent above named do hereby make on oath and state as under:-
1- That the deponent is authorised signatory of Plaintiff Company and is duly
authorised to sign and verify the plaint and present the same and is acquainted
with the facts deposed to below.
2- That the plaintiff has filed the present suit against the defendant for recovery of
amount and equal possession of ancestral property.
3- That true facts have been stated in the plaint which are not being repeated
herewith for the sake of brevity and the same should be read and understood as an
integral part of this affidavit.
4- That the suit of plaintiff is liable to be decreed for the relief’s claimed.
.....................Deponent
I the deponent above named do hereby verify on oath that the contents of the
above affidavit in paras 1 to 4 are true to my own knowledge. Nothing material has
been concealed and no part of it is untrue. So help me God.
Verified at Dehradun August 25th, 2019.
.....................Deponent
