IN THE COURT OF SENIOR CIVIL JUDGE,
DISTRICT (S-W), DWARKA COURT, NEW DELHI.
C.S NO. ......................... OF 2020
IN THE MATTER OF :
Lokesh Tyagi ....... Plaintiff
Versus
Nikhil Tyagi ……….. Defendant
SUIT FOR DECLARATION OF RELINQUISHMENT DEED
DATED 14.06.2019/15.06.2019 AS NULL AND VOID
AND PERMANENT INJUNCTION.
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MOST RESPECTFULLY SHOWETH:
1. That the plaintiff and defendant are real brothers and
residing on the address given in the memo of parties
are at village Hastal, uttam Nagar, New Delhi-59.
2. That the plaintiff and defendant are co-owner and in
possession of agricultural land area measuring 10
Bighas 17 Biswas out of Khasra Nos. 65//23/2/(1-08),
24/1/1 (1-10), 17/2/2(1-10), 18/1(1-08), 18/2 min (3-02),
68//3/2/2 min (1-04), 4/1/1 min (0-15), situated in the
revenue estate of village Jhatikara, Tehsil Kapashera,
New Delhi having 1/4th share each which is
hereinafter referred to as the said land.
3. That the plaintiff and defendant in the month of May
2019 were looking to sell the above said land and the
defendant stated that in order to sell agriculture land
the owner have to apply for NOC from sub registrar.
4. That the defendant in the month of June 2019 told the
plaintiff that an Special Power of Attorney is need on
behalf of the plaintiff in his favour so that he can do the
needful for obtaining/applying NOC .
5. That the plaintiff agreed to give SPA in favour of the
defendant to obtain/apply NOC of above said land on
his behalf as it was not possible for plaintiff to go and
appear before the concerned office.
6. That in the month of June 2019 parties to the suit went
to office of the Sub-Registrar-IX for executing SPA
/authority letter in favour of the defendant for the
purpose of pursuing of issuance/apply of NOC.
7. That the plaintiff was confident that the defendant is
doing appropriate work in the matter of NOC on his
behalf. The plaintiff from time to time when needed
signed the required papers when ever asked by the
defendant for submitting in the concerned office.
8. That the plaintiff in the month of August 2020 came to
from the villagers that defendant has trying to sell
above said land including the share of defendant on the
basis release deed in respect of above said land stated
to be executed in favour of defendant. That the plaintiff
after listening/knowing the same got shocked.
9. That thereafter the plaintiff gathered with his elders
and family members and asked the defendant about
filing of the relinquishment deed in the matter of the
NOC but he did not reply to the satisfaction of the
plaintiff.
10. That on more enquiry done by the plaintiff, it was
discovered that the defendant has procured a
relinquishment deed dated 15.06.2019 registered in the
office of the Sub-Registrar-IX, Delhi having Registration
no. 5,096, in Book No.1 Vol. No. 10,035 on pages 193 to
196 purportedly executed by the plaintiff in favour of
the defendant wherein the plaintiff stated to have
relinquished his respective share in the above land. It is
submitted that the plaintiff had never executed such
relinquishment deed in favour of the defendant and the
same had been procured by the defendant by
misrepresentation and by playing fraud on the plaintiff.
11. That the plaintiff only authorised the defendant to
follow up for filing/applying of NOC of above said land
on his behalf and the defendant on the pretext of
execution of the SPA/authority letter, got the said
relinquishment deed by misrepresentation and playing
fraud on the plaintiffs.
12. That the said relinquishment deed had never been
executed by the plaintiff willingly and the same had
been obtained by the defendant by misrepresentation
and playing fraud on the plaintiff.
13. That the plaintiff thereafter applied for obtaining
the certified copies of the relinquishment deed dated
14.06.2019 on 31.08.2020 got the relevant certified
copies thereafter. From the perusal of the certified
copies of the relinquishment deed record received from
the said office, the plaintiffs came to know that the
alleged relinquishment deed was got executed by the
defendant on 15.06.2020 and registered in the office of
Sub-Registrar IX, Delhi by misrepresentation and plying
fraud on the plaintiff. The certified copy of the
relinquishment deed is annexed as Annexure-A.
14. That the alleged relinquishment deed has not
been executed in normal course and the same has
been obtained applying unlawful tactics of the
misrepresentation and fraud by the defendant
15. That the plaintiff having no other efficacious
remedy files the present suit.
16. That the cause of action for filing the present suit
arose in favour of the plaintiff and against the
defendant in the month of August 2020 when the
plaintiff came to know the fact of filing of the
relinquishment deed by the defendant in the matter of
filing of NOC of above mentioned agriculture land. The
cause of action further arose on 31.08.2020 when the
plaintiff applied for certified copy which was obtained
thereafter. The cause of action still continue as there is
apprehension of creating third party interest on suit
property.
17. That the valuation of the suit for the purpose of
court fee and pecuniary jurisdiction for the relief of
Declaration and Permanent Injunction is fixed at Rs.
200/-& Rs. 130/- respectively and the appropriate court
fee has been affixed on the plaint.
18. That the plaintiff and defendant are residing at
village Hastal, uttam Nagar, New Delhi which is situated
within the local limits of jurisdiction of this Hon’ble court
, hence this hon’ble court has got jurisdiction to try and
dispose of the present suit.
It is therefore, under the facts and the
circumstances of the case mentioned hereinabove, it is
humbly prayed that this Hon’ble court be pleased to
pass:
i) A decree of Declaration in favour the plaintiff and
against the defendant thereby declaring the
relinquishment deed dated 15.06.2019 registered in
the office of the Sub-Registrar-IX, Delhi having
Registration no. 5,096, in Book No.1 Vol. No. 10,035 on
pages 193 to 196, Delhi as null and void .
ii) A decree of permanent injunction in favour of the
plaintiff and against the defendant thereby restraining
the defendant, his agents, attorneys etc. permanently
from using the relinquishment deed for creating any
third party interest and disposing of the share of the
plaintiff in the above mentioned land.
iii) Pass any other order(s) as this Hon’ble court deems fit
and proper under the facts and the circumstances of
the case.
New Delhi Plaintiff
Dated: /09/2020 Through
KARAMVEER TOKAS
Counsel for plaintiff
Enrol No. D/2085/2011
Ch.No.426, Lawyers Chambers,
Dwarka Court, New Delhi-75
Ph.9899100076
Email Id:- Ad.karamveer@gmail.com
VERIFICATION:-
Verified at Delhi on this day of September, 2020
that the contents of the plaint from para no.1 to are true to
my knowledge and para no. to are true upon my
information received and believed to be correct. Last para is
prayer to this Hon’ble Court.
Plaintiff
IN THE COURT OF SENIOR CIVIL JUDGE, DISTRICT
SOUTH-WEST, DWARKA COURT, NEW DELHI.
C.S No. …….2020
IN THE MATTER OF :
Lokesh Tyagi Vs Nikhil Tyagi
AFFIDAVIT
I, Lokesh Tyagi S/o Late Sh. Subhash Tyagi aged years, R/o
Village, Hastal, uttam Nagar, New Delhi, do hereby solemnly
affirm and state as under:
1. That I am the plaintiff in the above noted suit and is aware
of the facts of the present case and as such competent to
file the present affidavit.
2. That the contents of the amended plaint for Declaration of
sale deed null and void Permanent Injunction has been
drafted by my counsel under my instruction and the contents
of the same have been read over and explained to me in
vernacular which are correct and the same be read as part
and parcel of this affidavit as the same are not repeated
herein for the sake of brevity.
DEPONENT
Verification:
Verified at Delhi on this that the contents of the
above affidavit are true and correct and nothing has been
concealed therefrom.
Deponent
IN THE COURT OF SENIOR CIVIL JUDGE,
DISTRICT (S-W), DWARKA COURT, NEW DELHI.
C.S NO. ......................... OF 2020
IN THE MATTER OF :
Lokesh Tyagi ....... Plaintiff
Versus
Nikhil Tyagi ……….. Defendant
INDEX
S. NO. PARTICULARS PAGE NO. COURT
FEE
1. Memo of parties
2. Suit for Declaration &
Permanent Injunction
with supporting affidavit.
3. Application u/o 39 rule 1 & 2
of CPC along with affidavit
4. List of documents with
documents.
5. Vakalatnama
New Delhi Plaintiff
Dated: /09/2020 Through
KARAMVEER TOKAS
Counsel for plaintiff
Enrol No. D/2085/2011
Ch.No.426, Lawyers Chambers,
Dwarka Court, New Delhi-75
Ph.9899100076
Email Id:- Ad.karamveer@gmail.com
IN THE COURT OF SENIOR CIVIL JUDGE,
DISTRICT (S-W), DWARKA COURT, NEW DELHI.
C.S NO. ......................... OF 2020
IN THE MATTER OF :
Lokesh Tyagi ....... Plaintiff
Versus
Nikhil Tyagi ……….. Defendant
MEMO OF PARTIES
Lokesh Tyagi
S/o Sh. Subhash Tyagi
R/o H. No. 397, Village Hastal
Uttam Nagar, New Delhi-59 ……Plaintiff
Versus
Nikhil Tyagi
S/o Sh. Subhash Tyagi
R/o H. No. 397, Village Hastal
Uttam Nagar, New Delhi-59 ……Defendant
New Delhi Plaintiff
Dated: /09/2020 Through
KARAMVEER TOKAS
Counsel for plaintiff
Enrol No. D/2085/2011
Ch.No.426, Lawyers Chambers,
Dwarka Court, New Delhi-75
Ph.9899100076
Email Id:- Ad.karamveer@gmail.com
IN THE COURT OF SENIOR CIVIL JUDGE, DISTRICT
SOUTH-WEST, DWARKA COURT, NEW DELHI.
C.S No. …….2020
IN THE MATTER OF :
Lokesh Tyagi Vs Nikhil Tyagi
AFFIDAVIT
I, Lokesh Tyagi S/o Late Sh. Subhash Tyagi aged years, R/o
Village, Hastal, uttam Nagar, New Delhi, do hereby solemnly
affirm and state as under:
1. That I am the plaintiff in the above noted suit and is aware
of the facts of the present case and as such competent to
file the present affidavit.
2. That the contents of the accompanying application under
order 39 rule 1 & 2 read with section 151 of CPC has been
drafted by my counsel under my instruction and the contents
of the same have been read over and explained to me in
vernacular which are correct and the same be read as part
and parcel of this affidavit as the same are not repeated
herein for the sake of brevity.
DEPONENT
Verification:
Verified at Delhi on that the contents of the
above affidavit are true and correct and nothing has been
concealed therefrom.
DEPONENT
IN THE COURT OF SENIOR CIVIL JUDGE,
DISTRICT (S-W), DWARKA COURT, NEW DELHI.
C.S NO. ......................... OF 2020
IN THE MATTER OF :
Lokesh Tyagi ....... Plaintiff
Versus
Nikhil Tyagi ……….. Defendant
APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH
SECTION 151 0F CPC FOR GRANTING EX-PARTY AD-INTRIM
INJUNCTION.
MOST RESPECFULLY SHOWETH:
1. That the plaintiff has filled the accompanying suit for
Declaration of Relinquishment deed dated 15.06.2019
as null and void and permanent injunction and the
contents of the same be read as part and parcel of this
application as the same is not repeated herein for the
sake brevity.
2. That there is good prima-facie case in favour of the
plaintiff and there is likelihood of succeeding in the
same.
3. That the balance of convenience lies in favour of the
plaintiff and against the defendant.
4. That there is apprehension of suffering irreparable loss
to the applicant/plaintiff if defendant is succeed in
misusing the relinquishment deed which shall not be
compensated in terms of money.
5. That the plaintiff has no other remedy are filing the
present application.
It is therefore, under the facts and the
circumstances of the case mentioned above, this hon’ble
court may be pleased to restrain the defendant from using
the relinquishment deed dated 15.06.2019 registered in
the office of the Sub-Registrar-IX, Delhi having
Registration no. 5,096, in Book No.1 Vol. No. 10,035 on
pages 193 to 196 and further this hon’ble court may be
pleased to restrained defendant from executing any
transfer document of his share in favour any third paty
and further restrained the defendants their agents,
servants etc. acting on their behalf from dispossessing the
plaintiff from any portion of the suit property comprising
in agricultural land area measuring 10 Bighas 17 Biswas
out of Khasra Nos. 65//23/2/(1-08), 24/1/1 (1-10), 17/2/2(1-
10), 18/1(1-08), 18/2 min (3-02), 68//3/2/2 min (1-04),
4/1/1 min (0-15), situated in the revenue estate of village
Jhatikara, Tehsil Kapashera, New Delhi having 1/4 th
share till the final disposal of the present suit
Prayed accordingly.
Delhi. Plaintiff
Dated. Through
( Counsel )
IN THE COURT OF SENIOR CIVIL JUDGE,
DISTRICT (S-W), DWARKA COURT, NEW DELHI.
C.S NO. ......................... OF 2020
IN THE MATTER OF :
Lokesh Tyagi ....... Plaintiff
Versus
Nikhil Tyagi ……….. Defendant
LIST OF DOCUMENTS FILED BY PLAINTIFF
1. True photocopy of the certified copies of Release deed
dated 15/6/2019.
Any other document(s) if required or discovered the
same will be filed with permission of the hon’ble court.
New Delhi Plaintiff
Dated: /09/2020 Through
KARAMVEER TOKAS
Counsel for plaintiff
Enrol No. D/2085/2011
Ch.No.426, Lawyers Chambers,
Dwarka Court, New Delhi-75
Ph.9899100076
Email Id:- Ad.karamveer@gmail.com
