SUIT FOR PARTITION & PERMANENT INJUNCTION

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

Civil Suit No.____/200..
________________________________ ) Plaintiff

- Vs.-
1. ________________________________ )
2. ________________________________ ) Defendants

SUIT FOR PARTITION & PERMANENT INJUNCTION

The plaintiff abovenamed submits this plaint, praying to state as follows :

1. 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 at
__________________ as detailed below :
3. That all the abovementioned were ancestral, and therein, the plaintiff had
Un divided 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 therean.
14. That the plaintiff, therefore, prays that -
(A) It be declared that the plaintiff is entitled to one-third share 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.

Place
Date
Sd/-
PLAINTIFF

Sd/-
ADVOCATE FOR PLAINTIFF

VERIFICATION
I, ______________________________,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 Delhi
this _ day of____200_
Sd/-
PLAINTIFF