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Suit for permanent injunction against co-parcenary property | stay against alienation of property by Karta of Family.


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.

 

  In the Court of Add. Civil Judge (Senior Division) 

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-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 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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