IN THE COURT OF CIVIL JUDGE, SENIOR DIVISON, ___________.
SUIT FOR DECLARATION
I, ____________ son of Shri ____________, resident of _________________, do hereby solemnly affirm and declare as under :-
1- That the defendant are recorded owner in possession of the agricultural land comprising ___________________, total measuring _____________, which is situated with in the revenue estate of village ___________________. A copy of the Jamabandi for the year of _________________ is enclosed herewith the plaint.
2- That the plaintiffs are the real ___________ of the defendant and the parties to the suit constitute joint _____ Family.
3- That on ____________ a family settlement took place between the plaintiffs and the defendant vide which the defendant gave the suit property to the plaintiffs in equal share each (1/2 share each) and put the plaintiffs into the actual and physical possession of the suit property, mentioned in Paras No.1 of the plaint, and since then the plaintiffs are owners in possession to the extent of ½ share each of the suit property as mentioned in Para No.1 of the plaint. However, the name of the defendant still exists in the revenue records which is wrong and is not binding upon the rights, title and interest of the plaintiffs.
4- That now the defendant with a malafide intention are not admitting the family settlement and by getting the benefit of revenue entries in his name he is still declaring himself as owner in possession of the suit property for which the defendant have got no right, title and interest to do so.
5- That the plaintiffs asked the defendant several times to admit the claim of the plaintiffs and to get name of the plaintiffs recorded in the revenue records in place of his name. First of all the defendant was avoiding the requests of the plaintiffs on one pretext or the other and finally on ____________ the defendant refused to accept the legitimate requests of the plaintiffs.
6- That the cause of action to file the present suit firstly accrued on _____________ when the family settlement took place between the plaintiffs and the defendant. It further arose on each and every date when the plaintiffs asked the defendant to admit the claim of the plaintiffs and the cause of action finally ___________ when the defendant finally refused to accept the claim of the plaintiffs. Hence this is the date when the final cause of action has arisen in favour of the plaintiffs and against the defendant, which necessitated the institution of the present suit.
Verified that the contents of my above affidavit are true and correct to best of my knowledge and belief and nothing has been concealed therein.
Verified at _________ on _________