Suit for permanent injunction against co-parcenery property | stay against alienation of property by Karta of Family.
Here we will discuss about the modal format to suit for permanent injunction against a Karta of a joint Hindu Family. As per law the Karta of a family cannot alienate the ancestral property without consent/permission from the members of the family. Here in the present suit the plaintiff is the son and the defendant is father of the plaintiff who want to alienate the ancestral land without permission and without any legal necessity.
Rajbir son of Sh. Ramchand, R/o village ____________
. . . . Plaintiff
VERSUS
1- Ramchand son of Sh._______________
2- Satish Kumar son of Sh. Ramchand ______
. . . . Defendants
SUIT FOR PERMANENT INJUNCTION
R/Madam,
The plaintiff humbly submits as under:-
1- That
the defendant no. 1 is co-owner and in possession of agricultural land bearing
Khewat No. ______, Khatoni no. ___, Rect. No. 16, killa No. 24/2(1-13), Rect.
No. 21, Killa No. 4(7-19), 8(7-11), 12/2(2-8), 13(4-0), 19/1(0-17) measuring 24
Kanal 8 marla upto the extent of his 1/6th share situated within the
revenue estate of Village _______ as per the jamabandi for the year 2015-16
which is attached herewith.
2- That
the defendant no. 1 is also owner and in possession of land bearing its Khewat
No. ___, Khatoni No. _____, Khasra No. 120/3/1/2(0-12), 655(1-2), 1032(0-2)
measuring 1 Kanal 16 Marla upto the extent of his 1/3rd share
situated within the revenue estate of ________ as per jamabandi for the year
2004-05 which is attached herewith.
3-That
the plaintiff and defendant no. 2 are real sons of defendant no. 1. The parties
to the suit are members of un-divided joint Hindu family governed by Hindu law
and property mentioned in para no. 1 and 2 of the plaint which is in the hands of
defendant no. 1 is ancestral co-parcernary property and the plaintiff along with defendant no. 2 have right by birth in the ancestral co-parcenary property in
the name of defendant no. 1 as the suit land mentioned in para no. 1 & 2 of
the plaint has been inherited by the defendant no. 1 from their ancestral.
4-That
as per Hindu Law the ancestral co-parcenary property could not be alienated or
disposed off without any legal necessity
and without consent of other co-parcerners as the plaintiff and
defendant no. 2 are co-parcerners in the suit land and defendant no. 1 has no
right to relinquish or alienate his right regarding the suit land without the
consent and legal necessity to anyone. The plaintiff has legal right by birth
in the suit land being co-parcerner and being governed by Hindu Law in the
matter of alienation and disposition of ancestral joint Hindu family property.
5- That
the defendant no. 1 is very old and feeble and due to oldness he has no
disposing mind and he is fully under the influence of defendant no. 2 and while
the defendant no. 2 is a very clever and cunning person and the defendant no. 1
being under the influence of defendant no. 1 want to relinquish the suit
property mentioned in para no. 1 & 2 of the plaint only in favour of the
defendant no. 2 illegally and unlawfully. The defendant no. 2 want to grab the
whole property of defendant no. 1 and want to debar the plaintiff from his
legal rights in the suit property. And in this way the defendant no. 2 is
intending to grab the property of defendant no. 1 by way of inducement and
without consent of other co-parceners.
6-The
defendant no. 1 is bent upon to procure
some documents of transfer or alienation the entire suit property in favour of
the defendant no. 2 without having any legal necessity for which the defendant
no. 1 has got no right, title or interest to do so as the suit property is the
ancestral property in the hands of defendant no. 1 and the plaintiff has
co-parcenary right in the suit property and in case if the defendants succeed
in doing so then the plaintiff shall suffer an irreparable loss and injury
which cannot be compensated with any costs.
7- That the plaintiff asked the defendant no. 1 so many times to see reason and not to transfer or alienate the suit property stated in para no. 1 & 2 of the plaint in favour of the defendant no. 2 only and not to execute any documents in favour of defendant no. 2 by depriving the plaintiff from the suit property from his legal rights but the defendants did not pay any heed to the requests of the plaintiff and made one plea or the other and have finally refused to do so on or before ______, hence this is the date on which the cause of action has been accrued to the plaintiff for filing the present suit.
Also Read this :- Suit for permanent injunction against a stranger person.
Also Read this :- Suit for Permanent injunction against a co-sharer
8- That
no other litigation is pending or decided between the parties to the suit
before any court of law
9- That
no other suit or proceedings are pending in any competent court of law
regarding the subject matter nor such suit has been decided so far.
10- That
the parties to the suit reside and the suit property situated within the
territorial jurisdiction of this Hon’ble court, hence this Hon’ble court has
got jurisdiction to try and entertain the present suit.
11- That
the value of the suit for the purpose of court fee and jurisdiction is assessed
at Rs. 200/- on which a fixed court fee of Rs. 25/- is paid on the plaint.
12- That
the plaintiff therefore humbly prays, that in the interest of justice and
equity of justice that;
a. A decree for permanent injunction thereby restraining the defendant no. 1 from
transferring & executing any document like, sale, lease, gift, deed,
mortgage, lien, etc qua the suit properties stated in para no. 1 & 2 of the
plaint in favour of defendant no. 2 or in favour of any other person illegally,
unlawfully and forcibly and without having any legal right, title or
interest, may kindly be passed in favour of the plaintiff and
against the defendants with costs of the suit.
b. And/or any other relief which this Hon’ble court deems fit and proper may also be awarded in favour of the plaintiff and against the defendants, in the interest of justice.
|
Verification: Verified that the
contents of paras no.1 to 8 and 11 of the plaint are correct and true to the
best of my knowledge and no. 9 and 10 are our
belief. Verified at |
Plaintiff
Rajbir
Through Counsel
(Affidavit in support of Plaint)
In the Court of Add. Civil Judge (Senior Division)
Rajbir versus Ramchand and others
SUIT
FOR PERMANENT INJUNCTION
AFFIDAVIT
I, Rajbir son of Sh. ____________________, do hereby solemnly affirm and declare as under:-
1- That the deponent has filed the above noted
suit, today before this Hon’ble court, the contents of which be read as part
and parcel of this affidavit.
2- That the contents of my above suit have been read over to me by my counsel which is true to best of my belief. DEPONENT.
VERIFICATION:Verified that the contents of my above affidavit are true and correct to best of our knowledge and nothing has been concealed therein. Verified at
DEPONENT.
In the Court of Add. Civil Judge (Senior Division)_
Rajbir versus Ramchand and others
SUIT FOR PERMANENT INJUNCTION
Application
for Temporary Injunction U/o 39
Rules 1 and 2 read with Section 151 of C.P.C.
Respected Madam,
The
applicant/plaintiff most respectfully submits as under: -
1- That the plaintiff has filed the above titled suit in this Hon’ble Court and the contents of the same may kindly be read as part of the present application in order to avoid unnecessary repetition.
2- That the defendant no. 1 is owner in possession of the suit property mentioned in para no.1 and 2 of the plaint.
3- That
the plaintiff and defendant no. 2 are real sons of defendant no. 1. The parties
to the suit are members of un-divided joint Hindu family governed by Hindu law
and property mentioned in para no. 1 and 2 of the plaint which is in the hands of
defendant no. 1 is ancestral co-parcernary property and the plaintiff alongwith
defendant no. 2 have right by birth in the ancestral co-parcenary property in
the name of defendant no. 1 as the suit land mentioned in para no. 1 & 2 of
the plaint has been inherited by the defendant no. 1 from their ancestrals.
4- That
as per Hindu Law the ancestral co-parcenary property could not be alienated or
disposed off without any legal necessity
and without consent of other co-parcerners as the plaintiff and
defendant no. 2 are co-parcerners in the suit land and defendant no. 1 has no
right to relinquish or alienate his right regarding the suit land without the
consent and legal necessity to anyone. The plaintiff has legal right by birth
in the suit land being co-parcerner and being governed by Hindu Law in the
matter of alienation and disposition of ancestral joint Hindu family property.
5- That
the defendant no. 1 is very old and feeble and due to oldness he has no
disposing mind and he is fully under the influence of defendant no. 2 and while
the defendant no. 2 is a very clever and cunning person and the defendant no. 1
being under the influence of defendant no. 1 want to relinquish the suit
property mentioned in para no. 1 & 2 of the plaint only in favour of the
defendant no. 2 illegally and unlawfully. The defendant no. 2 want to grab the
whole property of defendant no. 1 and want to debar the plaintiff from his
legal rights in the suit property. And in this way the defendant no. 2 is
intending to grab the property of defendant no. 1 by way of inducement and
without consent of other co-parcerners.
6-The defendant no. 1 is bent upon to procure some documents of transfer or alienation the entire suit property in favour of the defendant no. 2 without having any legal necessity for which the defendant no. 1 has got no right, title or interest to do so as the suit property is the ancestral property in the hands of defendant no. 1 and the plaintiff has co-parcenary right in the suit property and in case if the defendants succeed in doing so then the plaintiff shall suffer an irreparable loss and injury which cannot be compensated with any costs.
7- That the plaintiff has a good prima-facie case and the balance of convenience also lies in favour of the plaintiff.
8- That the plaintiff, therefore, prays to this Hon’ble court to pass an ad-interim injunction order restraining the defendant no. 1 from transferring & executing any document like, sale, lease, gift, deed, mortgage, lien, etc qua the suit properties stated in para no. 1 & 2 of the plaint in favour of defendant no. 2 or in favour of any other person, may kindly be passed in favour of the plaintiff and against the defendants till the final disposal of the case, in the larger interest of justice.
Applicant/plaintiff
Rajbir
Through Counsel
(Affidavit in support of Application)
In the Court of Add. Civil Judge (Senior Division)
Rajbir versus Ramchand and others
SUIT
FOR PERMANENT INJUNCTION
Application for Temporary
Injunction U/o 39
Rules 1 and 2 read with Section 151 of C.P.C.
AFFIDAVIT.
I, Rajbir son of Sh. ___________________, do hereby solemnly affirm and declare as under:-
1- That the deponent has filed the above noted
application under order 39 rule 1 & 2 read with section 151 cpc praying for
grant of ad-interim injunction order today before this hon’ble court, the
contents of which be read as part and parcel of this affidavit.
2- That the contents of my above suit and application for stay have been read over to me by my counsel which is true to best of my belief.
DEPONENT
VERIFICATION: Verified that the contents of my above affidavit are true and correct to best of our knowledge and nothing has been concealed therein. Verified at
DEPONENT
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