A SUIT FOR PARTITION & PERMANENT INJUNCTION

IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION, PUNE

AT PUNE

Shri RAN______(Full Name)____

age 43 years, occupation –
service, resident of Rajgurunagar,
Taluka Khed, District Pune.

Plaintiff
Versus

1. Shri AJN _(Full Name)________

age 73 years, occupation - agriculture,
2. Shri DAN________(Full Name)______
age 40 years, occupation - service, both
residents of Rajgurunagar, Taluka Khed,
District Pune.
Defendants

A SUIT FOR PARTITION & PERMANENT INJUNCTION

The plaintiff above named submits this plaint, praying to state as follows :
1.The Pedigree : That the pedigree is as follows :
AJN (Defendant No. 1)

RAN DAN
(Plaintiff) (Defendant No. 2)
That the defendant No. 1 is the father of the plaintiff and the defendant No. 2,
while the defendant No. 2 and the plaintiff are full/real brothers.
2. Description of Properties : All that that piece and parcel of lands situate within
the Registration Division & District Pune, Sub- Division & Taluka Khed within
the local limits of the Pune Zilla Parishad, revenue village Rajgurunagar, as
detailed below:
3. That all the above mentioned were ancestral, and therein, the plaintiff had
undivided l/3rd share.
4. That the plaintiff is working as a Deputy Engineer, and because of his
employment, he is required to run from place to place, and hence, the properties are
managed and looked after by the defendants only.
5. That taking the benefit of this position, the defendants started acting in such
a manner that the plaintiff be put to the maximum loss, and, accordingly, for no
need or legal necessity, the defendant No. 1, at the instigation of the defendant No. 2,
sold out, on the land properties mentioned at Sr. No. 1 above, and again sold out the
land property mentioned at Sr. No. 4 above, on
6. That in fact, the defendant No. 1 does not have any need for money, and the income
from the ancestral properties is much more than his needs.
7. That the defendant No. 2 is also employed as a teacher, and his salary itself is
sufficient to meet his expenses, and, as such, there was neither any legal
necessity, nor was there any benefit of the estate, and hence, the defendant No. 1
did not have any right, title or interest to transfer the said properties without the
plaintiffs consent, and hence, those sale-deeds are not valid and binding on the
share of the plaintiff in the said properties.
8. That the properties at Sr. Nos. 1 and 4 have been sold by the defendant No.
1 in favour of Shri VAG, who happens to be the son-in-law of the defendant No. 1.
9. That the plaintiff submits that the properties are the lands quite rich in quality and
fertile. However, they have been shown to have been sold at a paltry amount of Rs.
20,000/-, which is much below the said transaction is sham and fraudulent. It has
been effected with the sold intention of defeating the rights of the present plaintiff,
and, hence, on this count also, the said sale-deeds are invalid and inoperative.
However, the plaintiff is filing a separate suit for declaration and cancellation of the said
sale-deeds, and he deserves his right to do so in the present suit.
10. That after knowing about the said transactions, on or about_______________, and then,
on _, the plaintiff had been to his village and then he called upon the defendants to
explain as to why the said properties were transferred without his knowledge.
However, the defendants refused to reply the queries, and thereupon, the plaintiff
demanded partition of his share in the family properties. However, the defendants
specifically denied to do so asserting that they would not give any property to this plaintiff,
and hence, this suit.
11. That the cause of action for the present suit first arose on_________________, when the
partition was demanded and denied and the same has since then been arising every day
thereafter, and hence, the suit filed today is well within limitation.
12. That the properties are situate within the local limits of the jurisdiction of this Court, and
hence, this Hon'ble Court has jurisdiction to try and decide this suit.
13. That the properties described in para 2 above being agricultural lands are valued at
20 times the revenue assessment, and proper court fee stamp is paid herewith. In addition
to this, for declaration and injunction, the suit is valued at Rs. , and the additional
court fee stamp is paid thereon.
14. That the plaintiff, therefore, prays that -
( a)It be declare d that the plaintiff is en titled to one-third sh are
in the suit properties;
(b)The plaintiffs one-third share be divided by metes and bounds
and given in his possession;
(c)While asserting the plaintiffs one-third share, the properties sold, as described in
Sr. No. 1 and 4 of para 2 above be taken into account and included in the shares,
those may be assigned to the defendants, and, thus, the plaintiff be given his one-
third share of all the properties.
(d) The defendants be permanently restrained from obstructing or interfering with
the possession of the plaintiff of his properties;
(e) The plaintiff be paid his costs from the defendants, and
(f) Any other orders in the interest of justice be kindly passed.

Pune,
Sd/- RAN
Dated :_______ PLAINTIFF

Sd/- xXx

ADVOCATE FOR PLAINTIFF

VERIFICATION

I, Shri RAN the present plaintiff, do hereby state on solemn affirmation

that the contents of this plaint in paras 1 to 14 are true and correct to the
best of my knowledge and belief, and I have signed hereunder at Pune this
__ day of______200_
Sd/- RAN PLAINTIFF