IN THE COURT OF SH.
MOHAMMAD EHTESHAM, ADJ,
SHAHDARA DISTRICT, KKD COURTS, DELHI
CS NO.
IN THE MATTER OF: -
PRADEEP SHARMA
THROUGH G.P.A holder
SHAKUNTALA ….. PLAINTIFF
VERSUS
SHANKAR alias BILLA & ORS …… DEFENDANTS
INDEX
S. Particulars Pages Court
No. Fee
1. Memo of Parties with consolidated
court fees
2. Suit for Declaration, and for Permanent 92/-
& Mandatory injunction along with
affidavit.
3. List of documents along with
documents.
4. Vakalatnama 2+25/-
DELHI
DATE:
Plaintiffs
THROUGH
MANOJ SHUKLA & ASSOCIATES
(ADVOCATES)
Ch.no. 593, GF, (W. Wing)
Tis Hazari Courts, Delhi-54
bnwlawfirm@gmail.com
MOB. 8810661366.
IN THE COURT OF SH. MOHAMMAD EHTESHAM, ADJ,
SHAHDARA DISTRICT, KKD COURTS, DELHI
CS NO.
IN THE MATTER OF: -
PRADEEP SHARMA
THROUGH G.P.A holder
SHAKUNTALA ….. PLAINTIFF
VERSUS
SHANKAR alias BILLA & ORS …… DEFENDANTS
P.S. ANAND VIHAR
DIST- SHAHADRA
S.D.M- NANDNAGRI
MEMO OF PARTY
Pradeep Sharma
Through G.P.A holder
Smt. Shaukuntala w/o Pradeep Sharma
R/O 309, village Kadkadduma
Delhi 110092, …Plaintiff
VERSUS
1) Shri. Shankar alias Billa
S/o Late Sh. Atar Singh,
House no. 91, Gali no 13
Karkardooma Village, Anand Vihar,
Delhi-110092.
2) Shri. Mohan,
House No.309,
Ground Floor, Shop
Village Karkardooma,
Delhi-110092.
Mobile no. 9810612070 …Defendants
DELHI
DATE:
Plaintiffs
THROUGH
MANOJ SHUKLA & ASSOCIATES
(ADVOCATES)
Ch.no. 593, GF, (W. Wing)
Tis Hazari Courts, Delhi-54
bnwlawfirm@gmail.com
MOB. 8810661366.
IN THE COURT OF SH. MOHAMMAD EHTESHAM, ADJ,
SHAHDARA DISTRICT, KKD COURTS, DELHI
CS NO.
IN THE MATTER OF: -
PRADEEP SHARMA
THROUGH G.P.A holder
SHAKUNTALA ….. PLAINTIFF
VERSUS
SHANKAR alias BILLA & ORS …… DEFENDANTS
SUIT FOR DECLARATION, AND PERMANENT &
MANDATORY INJUNCTION.
MOST RESPECTFULLY SHOWETH: -
1. That plaintiff is a law abiding citizens of the India and
Residing at the address mentioned in the memo of
parties.
2. That the father in law of the plaintiff was the absolute
owner of the property namely 309, Village Kadkadduma,
Delhi and the father-in-law of the plaintiff has two sons
i.e Pradeep Sharma and Shankar alias Billa .
3. That the father-in-law of the plaintiff expelled the second
son i.e Shankar alias Billa from the property during his
life time and therefore after his death the property
devolved upon the husband of the plaintiff.
4. That the plaintiff is the wife of Sh. Pradeep Sharma and
daughter in law of Late Sh. Katar Singh and has received
a G.P.A in her favour from Sh. Pradeep Sharma dated
05.09.2010 for the all the purpose required.
5. That defendant relationship with plaintiff’s father-in-law
was stressed and some or the other disputes continued
between the two which later escalated to the point that
the father-in-law of the plaintiff expelled and debarred
the defendant no. 1 from all the rights in the above-
mentioned property.
6. That the father-in-law of the plaintiff has issued a public
notice in RASTRIYA SHAHARA dated 28.12.2003 in
which he expelled and debarred the defendant no. 1 from
the above mentioned property.
7. That the said property after the death of the father-in-
law of the plaintiff has devolved upon the husband of the
plaintiff i.e Pradeep Sharma.
8. That as of now Pradeep Sharma is the absolute owner of
the said property and Shakuntala Sharma is the G.P.A
holder on behalf of Pradeep Sharma.
9. That after the action of the expulsion from the said
property by the father-in–law, the defendant started
creating conflict along with his family member against
the plaintiff’s family.
10. That the intensity of the conflict increased with time as
defendant no. 1 used to threaten, abuse, beat the family
member of the plaintiff and use to ask her to vacate the
property.
11. That the defendant no. 1 use to threatens the other
tenant in the ground floor as well as the teachers and
student who use to come to the school at the first floor
and people in neighborhood to which the father-in-law of
the plaintiff submitted a written complaint to the
concern S.H.O on 14.04.2010
12. That the father-in-law of the plaintiff i.e Atar singh S/o
Mohar Singh, the husband of the plaintiff and the
plaintiff herself on many occasion reported the matter to
the police and after the intervention of the police there
was a confession issued by the defendant which state
that -
“ मैं कर @बिल्ला S/O अतर सिंह R/O मकान न ० 128, गली
न ० 13 कड़कडुमा गांव , आनंद विहार , आपके सामने यह बयान देता हूं की
मै व मेरे लड़के जितिन, नितिन व मेरी पत्नी कुसुम आज के बाद किसी
प्रकार से कोई लड़ाई झगड़ा नहीं करेंगे ना ही कोई शिकायत हमारी तरफ़ से
आयेगी और यदि कोई शिकायत आती है तो इसके ज़िम्मेदार मै और मेरा
परिवार होगा । आज हमारा आपस में किसी बात को लेकर झगड़ा हो गया था
जिसे हमने मिल बैठकर समाप्त कर लिया है आज के बाद यदि कोई शिकायत
आती है तो मैं इसका जिम्मेदार हूंगा । और में आज के बाद से में किसी
भी किरायदार को नाजायज परे ननशा नहीं करूंगा तथा हमारा यह फैसला
सर्वसम्मति से हो रहा है। ये बयान मैंने अपनी राजी खु व समझदारी से
किया है , बयान सुन लिया ठीक है ।
बयान आगे शंकर @बिल्ला S/O अतर सिंह R/O मकान न ० 128, गली न ० 13
कड़कडुमा गांव , आनंद विहार।
बयान लिया गाड़ी चलाने का काम करता हूं । मैं आगे से अपने पिता attar
singh म०स० 309 कड़कड़डुमा गांव दिल्ली का है हिस्सा नहीं मांगूंगा और ना
ही आगे से किसी प्रकार की गली गलोच नही करूंगा और नाही कोई झगड़ा
करूंगा अब मुझसे गलती हो गई है मैने अपने पिता से गलती मान ली है ।
बयान सुन लिया ठीक है ”
13. That the defendant no. 1 himself has admitted that he
will not ask any of his right in the above-mentioned
property and will not create any conflict in future.
14. That the after few years of the incident the defendant no.
1 requested the husband of the plaintiff to allow him to
use one of the vacant shop on the ground floor so that he
could earn some livelihood and live peacefully.
15. That the husband of plaintiff thinking that if his brother
can earn from the shop to feed his family what else can
be better than that allowed his brother to use his shop
property on the ground floor.
16. That the defendant no.1 misused the property by letting
the property to defendant no.2 without any authorization
from the plaintiff.
17. That it was in year 2022 my client came to know that the
defendant have let the property to someone Mr. MOHAN
illegally and defendant was earning illegal profit of the
same without any authority of my client from the said
property (shop).
18. That thereafter plaintiff’s husband requested Mr.
Shankar @ Billa to ask MOHAN to vacate the property
but, defendant no. 1 requested for some time to take
action to vacate the property as Mr. Shankar @ Billa is
real brother of the plaintiff’s husband he granted some
time to vacate the property but the defendant no. 1 did
not take any action to vacate the property.
19. That the rent of last two years i.e Rs. 3,60,000/- (Three
lacs Sixty Thousand) has been collected by the
defendant by imposing fraud and impersonating that
defendant himself is the landlord of the said property
thereby causing wrongfull loss to the plaintiff.
20. That the shop property is still in possession and
occupation of the defendant no.2 and rent is being
collected by the defendant no.1 which is causing
wrongful loss to the plaintiff and wrongful gain to both
the defandant’s.
21. That the cause of action for filing the present suit firstly
arose in the month of January 2024 when plaintiff’s
husband requested defendant no.1 to ask defendant no.2
to vacate the property but both the defendant didn’t took
any action and are still holding the property and gaining
illegal profit of the same, therefore the cause of action
still persist.
22. That the value of the suit of purpose of jurisdiction and
court fee is assessed at Rs.260/- for Permanent
Injunction and Rs.260/for Mandatory Injunction and
Rs.400/- for Declaration, Total Rs. 920 upon which the
requisite court fee of Rs. 92 has been paid and affixed
with the plaint.
23. That the plaintiff has not filed any similar suit over the
same subject matter, however, probate petition is filed.
PRAYER:-
In view of the facts, circumstances and submissions
made above it is respectfully prayed that this Hon’ble court
may kindly be pleased to:
a) Pass an order
b) .
c) The cost of the suit may also kindly be awarded in favour
of the plaintiffs and against the defendants.
d) Any other and further order(s) which this Hon’ble Court
may deem fit and proper keeping in view the facts and
circumstances mentioned above be passed in favour of the
plaintiffs and against the defendants.
DELHI
DATE:
Plaintiffs
THROUGH
MANOJ SHUKLA & ASSOCIATES
(ADVOCATES)
Ch.no. 593, GF, (W. Wing)
Tis Hazari Courts, Delhi-54
bnwlawfirm@gmail.com
MOB. 8810661366.
VERIFICATION:-
24. I, the above named plaintiffs verify on solemn
affirmation that the contents from Para 1 to of the
plaint are true and correct to the best of my knowledge
and belief and the contents from Para to of the
plaint are believed to be true on the information and
legal advice received. Last para is humbly prayed to this
Hon'ble Court.
Verified on July 2024 at Delhi
PLAINTIFF
IN THE COURT OF SH. MOHAMMAD EHTESHAM, ADJ,
SHAHDARA DISTRICT, KKD COURTS, DELHI
CS NO.
IN THE MATTER OF: -
PRADEEP SHARMA
THROUGH G.P.A holder
SHAKUNTALA ….. PLAINTIFF
VERSUS
SHANKAR alias BILLA & ORS …… DEFENDANT
AFFIDAVIT
Affidavit of Smt. Shaukuntala w/o Pradeep Sharma R/o House
No.309, Second Floor Village Karkardooma Delhi-110092. I, the
above named deponent does hereby solemnly affirm and declare as
under: -
1. That I am the Plaintiff in the above noted case and well
conversant with the facts and circumstances of the case,
hence competent to swear this affidavit.
2. That the contents of the accompanying the amended plaint of
the suit has been drafted by my counsel under my
instructions and the same are true and correct to my
knowledge and the same are not being repeated herein for the
sake of brevity which may be read as part and parcel of this
affidavit.
DEPONENT
VERIFICATION:
Verified at Delhi on this day of January, 2024 that the
contents of my above affidavit are true and correct to my knowledge.
IN THE COURT OF SH. MOHAMMAD EHTESHAM, ADJ,
SHAHDARA DISTRICT, KKD COURTS, DELHI
CS NO.
IN THE MATTER OF: -
PRADEEP SHARMA
THROUGH G.P.A holder
SHAKUNTALA ….. PLAINTIFF
VERSUS
SHANKAR alias BILLA & ORS …… DEFENDANT
LIST OF THE DOCUMENTS:-
1. Certified copy of Registered G.P.A dated 05.09.2010.
2. Photocopy of I.D. Proof of the plaintiffs husband and
plaintiff.
3. Copy of Debar Publication Dated 28.12.2003 published in
Rastriya Sahara.
4. Copy of police complaint dated 30.03.2010, 14.04.2010
and 24.04.2010
5. Copy of confession given to police dated 18.04.2010.
6. Copy of site plan of the property.
7. Copy of the Legal Notice Addressed to Sh.Shankar alias
BILLA and Mohan and its reply.
8. Certificate under section 65B of Indian Evidence Act
1872.
IN THE COURT OF SH. MOHAMMAD EHTESHAM, ADJ,
SHAHDARA DISTRICT, KKD COURTS, DELHI
CS NO.
IN THE MATTER OF: -
PRADEEP SHARMA
THROUGH G.P.A holder
SHAKUNTALA ….. PLAINTIFF
VERSUS
SHANKAR alias BILLA & ORS …… DEFENDANT
CERTIFICATE U/S 65B OF INDIAN EVIDENCE ACT
I , Smt. Shaukuntala w/o Pradeep Sharma R/o House No.309,
Second Floor Village Karkardooma Delhi-110092. I, the above named
deponent does hereby solemnly affirm and declare as under: -
1. That I submit that the copy of G.P.A , copy of debar publication,
copy of police complaint dated 30.03.2010, 14.04.2010
and 24.04.2010, copy of has downloaded, stored, maintained
and printed using a computer and a printer, both of which are in
direct control of the complainant. I certify that the said computer
system and printer used for printing the documents mentioned
hereinafter are in proper working condition and as such I can
vouchsafe the authenticity of such electronic records. I am also
duly authorized and competent to swear and depose this Affidavit.
2. That I submit that the Printout of above-mentioned document are
taken from my computer and Printer which is installed at my office
and same is under my lawful control.
3. I confirmed that the conditions of section 65 A and 65 B of the
Indian Evidence Act, 1872 are complied with respect to said
documents.
4. I confirmed that the conditions of section 65A and 65B of the
Indian evidence act, 1872 are complied with, in respect of the said
document.
5. I certify that said electronic device contains and are of actual copy
of their respective originals and same are not
tempered/altered/modified in any manner.
6. I submit that electronic was taken using the computer/mobile,
which was operating properly and under lawful control. It is
submitted that the said computer/mobile is being regularly used
for
data feeding, emails and electric communications in the ordinary
course of its use.
Dated
Place- Delhi
DEPONENT
THROUGH
MANOJ SHUKLA & ASSOCIATES
(ADVOCATES)
Ch.no. 593, GF, (W. Wing)
Tis Hazari Courts, Delhi-54
bnwlawfirm@gmail.com
MOB. 8810661366.
