suit for declaration for challenge sale deed as null and void | suit for cancellation of sale deed in case of non payment of sale consideration amount | suit for declaration and permanent injunction draft.
IN THE HON’BLE COURT
OF CIVIL JUDGE, (SENIOR DIVISION), _____
Name & Address of the plaintiff ____________________________
.......Plaintiff.
Versus.
Name and address of the defendant
……Defendant.
Suit for declaration, permanent & mandatory injunction.
Respected Sir/Madam,
The plaintiffs humbly submits as
under:-
1. That
the plaintiffs was owner and in possession of the land bearing Khewat
No.________, Rect. No. ____________________________ total measuring ____ Kanal ______
Marla upto the extent of their ______th share which comes out to ____ Kanal ____
Marla situated within the revenue estate of village ____________________. The
copy of Jamabandi is attached herewith the plaint.
2. That
the plaintiffs agreed to sell the suit land mentioned in para No. 1 of the
plaint to the defendant namely _______________ and for which the plaintiffs
executed a registered sale deed bearing its Vasika No. ______ dated __________ in
favour of the defendant for a total sale consideration of Rs. 6,25,000/- (Rs.
Six Lac Twenty Five Thousand only) and the defendant paid the total sale
consideration amount to the plaintiff through cheques. The defendant issued three
cheques in favour of the plaintiffs against the liability of the sale
consideration bearing its No. ______, ______, _______ dated _____________________
amounting to Rs. ______, _______, _____drawn on HDFC Bank, Branch Hathin against
his A/c No. _________________ and the defendant also assured the plaintiffs
that the cheques in question will be
encashed/cleared on its presentation. The copy of sale deed is attached
herewith.
3. That
however on the same day after getting executed the sale deed in favour of the
defendant, the defendant asked the plaintiffs to return the said cheque no. _______________
amounting to Rs. 4,25,000/- on the excuse of signature mismatched, so the
plaintiffs return the said cheque to the defendant and the defendant told the
plaintiff to get encashed the two remaining cheques first and he assured the
plaintiffs to give a fresh cheque amounting to Rs. 4,25,000/- on next day. That
as per instructions of the defendant, the plaintiffs presented the said cheques
no. _____________, _________ each amounting to Rs. 1,00,000/- for its
encashment with his banker Bank of Baroda, Branch __________ but on
presentation the plaintiffs has been informed thereby dishonoring the above
noted cheques with remarks ”Insufficient Funds” vide its return memo dated 08-10-2020.
The copy of cheques and its return memo are attached herewith. That when the plaintiffs asked about the
bouncing of the said cheques and also asked to issue another cheque of Rs.
4,25,000/- then the defendant make one excuse and other refused to make the
payment of said cheques to the plaintiffs.
4. That
the defendant get executed the sale deed from the plaintiffs regarding the suit
land mentioned in para No. 1 of the plaint illegally and unlawfully and also
without paying the sale consideration of the suit land to the plaintiffs
illegally and unlawfully and without having any right, title or interest
because the cheques issued by the defendant on account of paying the sale
consideration has already been dishonored and one cheque bearing no. ________________
had withdrawn by the defendant, as such the sale deed No. _________ dated __________is
not binding upon the rights of the plaintiffs and liable to be declared as illegal,
null and void and according terms and conditions of the sale deed bearing
vasika No. _______ has been cancelled.
5. That
the defendant is strong headed and forcible person and the defendant gave
threat to raise illegal construction over the suit property and also gave
threat to alienate the suit land mentioned in para No. 1 of the plaint to any
other person and also to deliver the possession of the same to any other person
illegally and unlawfully and without having any right, title or interest to do
so on the basis of forged and bogus sale deed No. _________ dated ________ which
is not binding upon the rights of the plaintiffs. If the defendant succeed in
his evil motive and mission, in that case, the plaintiffs will surely suffer an
irreparable loss and injury which cannot be compensated in terms of money and
costs.
6. That
the plaintiffs asked the defendant so many times, to get set aside the sale
deed No. ________ dated __________ or asked the defendant to make the payment
of the cheques in question and also asked not to raise any construction and not
to alienate or to deliver the possession of the suit land to any person but the
defendant did not pay any heed on the request of the plaintiffs and totally
refused to do so on 19-10-2020 and this is the date on which cause of action
has finally accrued to the plaintiffs to file the present suit.
7. That
no other suit or proceedings have been adjudicated upon previously between the
parties to the suit with regard to the matter in controversy and no such suit
or proceedings are still pending between the parties to the suit in any other
court of law at the time of the institution of the present suit.
8. That
the parties reside, suit land situated and the cause of action to file this
suit arose within the territorial jurisdiction of this Hon`ble court and this
Hon`ble court has got jurisdiction to entertain and try this suit.
9. That
the value of the suit for the purposes of jurisdiction and court fee is
assessed at Rs.200/ and on a suit for declaration and permanent injunction a
fixed court fee of Rs.25/ is paid on the plaint.
10.Prayer
clause-
It is therefore
prayed that a decree for declaration to the effect that the sale deed bearing
its Vasika No. _______dated _______ may kindly be declare as wrong, illegal,
null and void and liable to be set aside and a decree for permanent injunction
thereby the defendant be restrained from raising any illegal construction over
the suit land and from alienating the suit land to any person or to make possession
and any charge over the suit land in any manner till the final decision of the
suit may kindly be passed in favour of the plaintiffs and against the defendant
with costs of the suit.
And in an alternative relief a
decree for mandatory injunction thereby directing the defendant to make the
payment of all the three cheques in question which he issued to pay the sale
consideration amount in favour of the plaintiffs in case if the defendant did
not want to get set aside the sale deed no. _______dated _______ as null and
void, may kindly be passed in favour of the plaintiffs and against the defendant.
Or any other relief which this
Hon`ble court deems fit and proper may also be awarded to the plaintiffs.
|
Verification:
Verified that all the contents of para no. 1 to 7 and 10 of the plaint are
correct and true to the best of our knowledge and 8 & 9 are our belief. Verified
at ___ |
Plaintiffs
Name of the plaintiffs
Through Counsel :-
IN THE HON’BLE COURT OF CIVIL JUDGE, (SENIOR DIVISION), ________
____________ Vs ______________
Suit for declaration,
permanent & mandatory injunction.
Affidavit
I, ______________________________________
do here by solemnly affirm and declare as under:-
1- That
the deponent/plaintiffs have filed the present suit before this Hon’ble court
and the contents of which may be read as a part and parcel of this affidavit.
2- That
the all contents of the suit have been explained by my counsel to me in a
simple Hindi Versions which are accepted to me as true and correct.
Deponent
Verification: Verified that the contents of this affidavit are correct and true to the best of my knowledge and belief and nothing has been concealed there in. Verified at ………………
Deponent
IN THE HON’BLE COURT OF CIVIL JUDGE, (SENIOR DIVISION), ________
____________ Vs ______________
Suit for declaration,
permanent & mandatory injunction.
Application U/o 39 rules 1 & 2 read with
section 151 of C.P.C. for temporary injunction.
Respected
Sir,
The applicants/plaintiffs
submits as under :-
1. That
the above stated suit has been filed in this Hon’ble court and that the
contents of the plaint may kindly be read as part of this application.
2. That
the plaintiffs was owner and in possession of the suit land mentioned in para
No. 1 of the plaint.
3. That
the plaintiffs agreed to sell the suit land mentioned in para No. 1 of the
plaint to the defendant namely _______________ and for which the plaintiffs
executed a registered sale deed bearing its Vasika No. ______ dated __________ in
favour of the defendant for a total sale consideration of Rs. 6,25,000/- (Rs.
Six Lac Twenty Five Thousand only) and the defendant paid the total sale
consideration amount to the plaintiff through cheques. The defendant issued three
cheques in favour of the plaintiffs against the liability of the sale
consideration bearing its No. ______, ______, _______ dated _____________________
amounting to Rs. ______, _______, _____drawn on HDFC Bank, Branch Hathin against
his A/c No. _________________ and the defendant also assured the plaintiffs
that the cheques in question will be
encashed/cleared on its presentation. The copy of sale deed is attached
herewith.
4. That
however on the same day after getting executed the sale deed in favour of the
defendant, the defendant asked the plaintiffs to return the said cheque no. _______________
amounting to Rs. 4,25,000/- on the excuse of signature mismatched, so the
plaintiffs return the said cheque to the defendant and the defendant told the
plaintiff to get encashed the two remaining cheques first and he assured the
plaintiffs to give a fresh cheque amounting to Rs. 4,25,000/- on next day. That
as per instructions of the defendant, the plaintiffs presented the said cheques
no. _____________, _________ each amounting to Rs. 1,00,000/- for its
encashment with his banker Bank of Baroda, Branch __________ but on
presentation the plaintiffs has been informed thereby dishonoring the above
noted cheques with remarks ”Insufficient Funds” vide its return memo dated 08-10-2020.
The copy of cheques and its return memo are attached herewith. That when the plaintiffs asked about the
bouncing of the said cheques and also asked to issue another cheque of Rs.
4,25,000/- then the defendant make one excuse and other refused to make the
payment of said cheques to the plaintiffs.
5. That
the defendant get executed the sale deed from the plaintiffs regarding the suit
land mentioned in para No. 1 of the plaint illegally and unlawfully and also
without paying the sale consideration of the suit land to the plaintiffs
illegally and unlawfully and without having any right, title or interest
because the cheques issued by the defendant on account of paying the sale
consideration has already been dishonored and one cheque bearing no. ___________
had withdrawn by the defendant, as such the sale deed No. __________ dated __________
is not binding upon the rights of the plaintiffs and liable to be declared as
illegal, null and void and according terms and conditions of the sale deed
bearing vasika No. ___________ has been
cancelled.
6. That
the defendant is strong headed and forcible person and the defendant gave
threat to raise illegal construction over the suit property and also gave
threat to alienate the suit land mentioned in para No. 1 of the plaint to any
other person and also to deliver the possession of the same to any other person
illegally and unlawfully and without having any right, title or interest to do
so on the basis of forged and bogus sale deed No. _________ dated __________
which is not binding upon the rights of the plaintiffs. If the defendant
succeed in his evil motive and mission, in that case, the plaintiffs will
surely suffer an irreparable loss and injury which cannot be compensated in
terms of money and costs.
7. That
there is a good prima facie case of the applicants/plaintiffs and balance of
convenience also lies in his favour.
8. That
the applicants/plaintiffs, therefore, pray that an ad-interim injunction order
thereby restraining the respondent/defendant from raising illegal construction
over the suit land and from making any possession and alienating the suit land
to any person or to create any type of charge over the property till the
decision of the suit may kindly be granted in favour of the applicants/plaintiffs
and against the respondent/defendant till the disposal of the case.
Dated
:- Applicants/Plaintiffs.
Name of the plaintiffs
Through Counsel :-
IN THE HON’BLE COURT OF CIVIL JUDGE, (SENIOR DIVISION), ________
____________ Vs ______________
Suit for declaration,
permanent & mandatory injunction.
Application
Under Order 39 Rule 1 & 2 CPC read with Section 151 CPC for issuing injunction
order against the defendant.
Affidavit.
I, ____________________________________,
do here by solemnly affirm and declare as under:-
1- That
the deponent/plaintiffs have filed the present suit before this Hon’ble court
along with the injunction application and the contents of which may be read as
a part and parcel of this affidavit.
2- That the all contents of the application explained by my counsel to me in a simple Hindi Versions which are accepted to me as true and correct.
Deponent
Verification:
Verified that the contents of this affidavit are correct and true to the best
of my knowledge and belief and nothing has been concealed there in . Verified
at ……………….
Deponent
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