In the court of Hon’ble Civil Judge, Senior Division,__________
_____________ Vs. ___________
SUIT FOR DECLARATION
I, __________ son of Late Shri ____________ R/o ____________________ do hereby solemnly affirm and declare as under: –
1- That the deponent is owner and in possession of a Plot comprised in ______________ No. ______________, _____________, admeasuring __’x__’ total measuring __ Marlas i.e. ___ Sq. yards which is situated within the _______________________.
2- That the defendant is the real brother of deponent and the parties to the suit constitute a Joint ___________ family and are governed by _______ law.
3- That as a matter of fact the property, which is mentioned in Para No.1 of the plaint, was purchased by the defendant vide Sale Deed bearing its document No. ______ dated _____________ registered in the office of __________________. The copy of the Sale Deed is enclosed herewith the plaint.
4- That on ______________ a family settlement took place between the deponent and the defendant vide which the defendant relinquished all his rights, title and interest in the suit property in favour of the deponent and he put the deponent into the actual and physical possession of the suit property mentioned in Para No.1 of the plaint and since then the deponent is owner and in possession of the suit property which is mentioned in Para No.1 of the plaint.
5- That now the defendant with a malafide intention is not admitting the family settlement and he is not admitting the claim of the deponent in respect of the suit property for which the defendant has got no right, title and interest to do so.
6- That the deponent asked the defendant several times to see reason and to admit the claim of the deponent in respect of the suit property which is mentioned in Para No.1 of the plaint. First of all the defendant was avoiding to the requests of the deponent on one pretext or the other and finally on ______________ the defendant refused to admit the claim of the plaintiff.
7- That the cause of action to file the present suit firstly accrued on ______________ when the family settlement took place between the deponent and the defendant and it further accrued on each and every date when the deponent requested the defendant to admit the claim of the plaintiff. The cause of action finally arose on _____________ when the defendant finally refused to admit the claim of the plaintiff. Hence _______________ is the final date of cause of action accrued in favour of the plaintiff. Hence this suit.
Verified that the contents of my above affidavit are true to best of my knowledge and belief and nothing has been concealed therein.
Verified at __________ on ___________
In the court of Hon’ble Civil Judge, Senior Division, ____.
_________ Versus __________
Suit for Declaration with a Consequential Relief Permanent Injunction
APPLICATION UNDER ORDER __ RULE __ C.P.C. READ WITH SECTION ___ CPC PRAYING FOR GRANT OF EXPARTE AD-INTERIM INJUCTIVE ORDER.
1- That the applicant/plaintiff has this day instituted the above captioned case before this Hon’ble court, the contents of which may kindly be read as part and parcel of this application for the sake of brevity and avoidance of repetition.
2- That succinctly stated that the applicant has very good prim-facie case to succeed, balance of convenience heavily tilts in his favour, and plaintiff will suffer irreparable loss and incalculable injury if the stay sought for is not granted.
3- That on the basis of the false, illegal, and unlawful the judgement and decree dated ____ defendant/respondent wants to dispossess the applicant/plaintiff from the suit land which is mentioned in Para No.1 of the plaint illegally, forcibly and wants to take the possession of the suit land from the applicant/plaintiff illegally, forcibly and unlawfully for which the defendant has no right title and interest to do so. In case respondents/defendant will succeed in her illegal motives in that event the applicant/plaintiff shall only suffer an irreparable loss and incalculable injuries
It is, therefore, prayed that an ex-parte ad interim injunction order restraining the defendant/respondent from dispossessing the applicant/plaintiff from the suit land and from interfering into the peaceful possession of the applicant/plaintiff over the suit and also from taking the forcible possession of the suit land from the plaintiff which is mentioned in Para No.1 of the plain, forcibly illegally and in any coercive manner whatsoever may kindly be passed in favour of the applicant/plaintiff and against the respondent/defendant till the final decision of the suit.