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 b e declared th at the p laintiff is en titled to o ne-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 poss ess ion 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