Plaint for a Suit for Possession

In the Court of……………….
Suit No. ……20…
……………………..							… Plaintiff

Versus

 …………………… 							…Defendant

The above named plaintiff begs to submit as under :

1. That previously ……….. of which total area as ………….  and  ……. was in …… of two persons …………………. and ……..………….. out of which Shri ………………was the ……… land and remaining ……… and …….. was under the ……. of …………. and the entire …………… was under the …………… of ………………….

2. That after the death of ………… land was inherited by his three sons Shri ……………, and Shri ………………who are the predecessor-in-interest of the plaintiff.

3. That this ……..…….. land which is disputed in the plaint and shall be called the property in suit in further paras of the plaint.

4. That this …….. land which later on came in ………. was also entered in ……….and because the entire area was abadi area therefore it was entered with the name of ………………….. but in  ……… the name of the predecessor-in-interest over the property in suit was entered with the name of …………………….. and others.

5. That after some time the all three sons of Shri ….……………….. viz. Sri …..……….., Sri……………….and Sri………………..had executed power of attorney is favour of one person Shri…………………………….. son of Shri…………………………. Resident of ………………………..who on ……….exacted three separate registered sale-deeds in favour of the plaintiff and since then till the date of cause of action the plaintiff remained in possession of the property in suit.

6. That after getting executed the sale deed regarding the property in suit the plaintiff has started to raise boundary wall and some.

7. That the defendants who have no right, title or interest of any kind over the property in suit but who are very risk persons having a Giroh of unsocial elements persons of the locality have compelled the plaintiff to sell the entire property in suit to them but the plaintiff has refused with the remark that as the plaintiff is a Housing Society and not a business concerned therefore the question of selling the property in suit to the defendants does not arise, and hearing this version of the plaintiff the defendant started to ill felling towards the plaintiff.

8. That on ……………the defendants again reached to the Secretary of the plaintiff and tell his to vacate the property in suit because they (defendants) are the owners of the property in suit by virtue of some collusive partition suit but against the plaintiff had boldly denied them the defendants have threatened the plaintiff for forcible dispossession and also fore dire consequences.

9. That on ………….the defendants alongwith 50 or 60 persons mostly of them were the ……. have reached over the property in suit forcibly demolished the boundary wall and dispossessed the plaintiff from the property in suit.

10. That the defendants have no right, title or interest over the property in suit and they have also no right to dispossess the plaintiff from the property in suit otherwise then indue course of law.

11. That when the plaintiff who is a law abiding persons remained failed to protest physically the dispossession moved a application under Section 145  Cr. P.C. in which looking the serious of the law and order, the learned Addl. City Magistrate has immediately ordered the police agencies to maintain status quo which was delivered to the concerning police also but the Police  Officer of the concerning Police Station are under the influence of the defendants have not paid any attention and did not turn up even to look after the position on the spot and has not taken any action against the defendant and the result was that the defendants have now started to raise the illegally constructions over the property in suit.

12. That the plaintiff is a Housing Society having strict in law of following law and order has no other remedy except to file the present suit for possession which injunction against the defendants to raise further construction hence this suit.

13. That if the illegal constructions of the defendants are not checked by way of injunction the defendant shall make construction over the property in suit the plaintiff has to bring separate prayer for demolishment certainly and complication shall arise the multiplicity of the litigation shall arise and the plaintiff has to suffer irreparable loss and injury.

14. That the cause of action for filing the present suit arose on ………….. when the defendants illegally have dispossessing the plaintiff from the property in  suit then it arises on every day when the defendants with a view to make, complication are arising construction of illegally over the proper in suit with in the jurisdiction of this Hon’ble Court and the Hon’ble Court and this Hon’ble Court has jurisdiction to try this suit.

15. Valuation for the purpose of jurisdiction the suit is valued at Rs. …………/- and for the payment of court fee the land in dispute is separately revenues assessed for Rs………../- and thirty times on that i.e. a thirty time of Rs…………. comes Rs………….therefore minimum Court fees Rs………… is paid thereon.

16. Suit is with in limitation and this Hon’ble Court has jurisdiction to try the same.

PRAYER

(A) That a decree for possession be passed against the defendants in favour of the plaintiff and the plaintiff be put in actual physical possession over the property in suit with directions to the defendants to vacate the property in suit with in time stipulated by the Hon’ble Court and it they fail to deliver actual physical possession within the stipulated time then the same be done through the agency of the Hon’ble Court.

(B) That costs of the suit be awarded to the plaintiff against the defendants.

(C) Any other relief which Hon’ble court thinks just and proper in the circumstances of the case be allowed to the plaintiff.