IN THE COURT OF _____ CIVIL JUDGE, CLASS II, BHOPAL
RCS. No. ___-A/2023
———- ………. PLAINTIFF
Verses
————- ……… DEFENDANT
SUIT FOR DECLARATION AND INJUNCTION VALUED AT RS. 1500/-
(Two Thousand Nine Hundred Only)
The Plaintiff humbly submits as under:-
1. That the plaintiff and the defendant are husband and wife in
relation. That the Plaintiff and Defendant got married on ______ at
__________, whereafter they both started residing at Bhopal after
some initial time in Lucknow.
2. That the Plaintiff is an __________and thus was provided with
service quarters available for staff and that after getting married,
the Plaintiff and Defendant shifted to Bhopal in December 2009.
3. That during their marriage, the Plaintiff has purchased a
residential property as described herein below :-
A. A residential property two-storied Duplex House bearing no.
—— having an area of approx. 1127 sq. ft. In a residential
colony namely ——-, located on part of land bearing kh. No.
143/1, 194/144/1/1, 143/1, 194/144/1/2, 143/1,
194/144/1/3, 143/1, 194/144/1/4, 143/2, 143/3/1,
143/4/2, 194/144/2, 194/144/3, 194/144/4 in Gram
Hathaikheda, Tehsil Huzoor, District Bhopal within the local
limits of Ward no. 62 of Municipal Corporation Bhopal which is
which is bounded as follows :-
On and Towards the East:- ——-;
On and Towards the West:- ——;
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On and Towards the North:- ———;
On and Towards the South:- ——-;
Which property is hereinafter referred to as the “suit
Property” for the sake of convenience.
4. That the Plaintiff had also purchased another property a Flat in the
name of the Defendant by his own money.
5. That the present suit property was purchased by the Plaintiff in the
name of himself and the Defendant after paying a total
consideration of Rs. ——-/- which was paid in the following
manner:-
a. Rs. ——-/- through Cheque no. ——- dated ——— from
Plaintiff’s account at State Bank of India ——- Branch,
Bhopal.
b. Rs. ———/- through Cheque no. ——— dated ——-from
Plaintiff’s account at State Bank of India ——- Bhopal. That
the said amount was taken up as top-up loan from SBI Bank
by Plaintiff.
c. Rs.——-/- was paid through loan taken by Plaintiff from State
Bank of India, ———, Bhopal which the plaintiff is repaying
from his salary.
6. That the said sale deed of the Duplex property came to be
registered at the office of Sub-Registrar, Bhopal at E-Registration
no. ——— dated ———. That a copy of the said sale deed is
attached as Annexure-P/1.
7. That the Plaintiff has been repaying the entire loan from his salary
and pays the EMIs of Rs. ——/- & Rs. ——-/- overall EMI of Rs. 0
——— per month.
8. That the Plaintiff has been paying and till now paid the entire sale
consideration of the said sale deed and thereafter he also paid the
stamp duty of the said document from his own account and the
said property was only registered in the name of the both the
Plaintiff & the defendant to claim stamp duty benefit. That the
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Plaintiff has also the original title documents also in his sole
possession.
9. That the Plaintiff has come to know from property agents that the
Defendant is trying to illegally put the suit property on lease and
rent and also illegally trying to sell off the suit property. That if the
defendant succeeds in her intent the plaintiff would suffer
irreparable loss.
10.That the said suit property is of the sole ownership and title of the
Plaintiff and the Defendant has no right, title or interest in the suit
property and is just residing in the suit property on the basis of
Plaintiff’s ownership.
11.That if the Defendant is not refrained from her illegal acts of
renting out suit property and alienating the same, the Plaintiff
would illegally lose the ownership, title and possession of the suit
property without any legal basis. That due to the same has forced
the plaintiff to file this suit.
12.That the cause of action for filing this case, first arose when the
Plaintiff came to know of the Defendants intent and efforts to rent
out the suit property and sell the suit property on ——— and it
continues to arise till date as the Defendant is still trying to rent
out and sell the suit property.
13.That the present suit is valued for declaration of title on suit
property at Rs.——- and pays the fixed court fees of ——/- (Rupees
Five Hundred Only) and for the relief of permanent injunction the
plaintiff values the suit at Rs. —— and pays the fixed court fees of
Rs. ——-on the same. Thus the plaintiff totally values the suit at
Rs. ——— and pays the total court fees of Rs. 620/- (Rupees Six
Hundred and Twenty only).
14.That the hon’ble court has jurisdiction to try and decide the suit as
the property is located within the territorial jurisdiction of this
hon’ble court.
15.That the suit is being filed within limitation from the arising of the
cause of action.
16.That the suit is filed in two copies.
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PRAYER:-
That in view of the above it is most humbly prayed that the hon’ble court
be pleased to :-
A. Declare that the Plaintiff is the sole owner and possession-holder
of the suit property as defined in para 3 of the Plaint.
B. Restrain the Defendants and its agents by permanent injunction
from letting out the suit property or from alienating or transferring
the suit property.
C. Any other relief which the hon’ble Court may deem fit in the
interest of justice
D. Costs of the Suit.
BHOPAL Plaintiff
Date:- Through Counsel
VERIFICATION
I, ______________ do hereby verify and affirm the contents of the para 1
through 12 of the aforesaid plaint together with the Prayer clause to be
true and correct to the best of my knowledge and information.
Verified on this ….. day of June, 2023 at Bhopal.
PLAINTIFF
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