IN THE COURT OF HON’BLE CIVIL JUDGE, _____
Civil Suit No…..of _____
_____ son of _____
R/o _____, Tehsil & District _____
…..PLAINTIFF
VERSUS
1- _____ son/wife of _____
2- _____ son/wife of _____
both residents of _____
…..DEFENDANTS
SUIT FOR PERMANENT INJUNCTION
Respectfully Showeth:
1- That the Plaintiff is MORTGAGE IN actual and physical possession of _____consisting part of _____. The said house/shop is fully shown in the enclosed Sketch site plan and is bounded as under:-
East – _____
West – _____
North – _____
South – _____
A copy of the Sketch site plan is enclosed herewith the plaint as ANNEXURE P-1.
2- That as a matter of fact the property which is mentioned in Para No.1 of the plaint was mortgaged by the defendant NO.1 in favour of plaintiff vide Deed of Mortgage dated _____ for the total Mortgage amount of _____/- (_____ only). The photocopy of the Mortgage deed is Annexure P-2.
3- That as per the settlement between he plaintiff and the defendant No.1 it was settled that the plaintiff will remain in the actual and physical possession of the suit property till the date of repayment of the mortgage amount of _____. The defendant No.1 delivered the actual and physical possession of the suit property to the plaintiff on _____ and since then the plaintiff is running his office in the suit property.
4- That as per the terms and conditions of the Mortgage deed it was settled that the defendant NO.1 will refund the amount of mortgage to the plaintiff with interest @_____% per month and if the defendant No.1 will be failed to do so then the plaintiff shall have right to recover the amount of mortgage money from the defendants by way of filing the case against the defendants.
5- That now the defendant is bent upon to dispossess plaintiff from the suit property and he/she is continuously interfering into the peaceful possession and enjoyment of the plaintiff over the suit property. The defendants are also bent upon to dispose off the suit property to some unknown person for which the defendants have got no right, title and interest to do so.
6- That the plaintiff requested the defendants to refund the amount of mortgage money i.e. _____ with interest and if not interested to refund the amount then not to interfere into the peaceful possession of the plaintiff over the suit property, mentioned in Para No.1 of the plaint, not to try to dispossess plaintiff from the same and not to try to alienate the mortgaged property to some other person forcibly and illegally. First of all the defendants were avoiding the requests of the plaintiff on one pretext or the other and finally on _____ the defendants refused to accept the legitimate requests of the plaintiff.
7- That the cause of action to file the present suit firstly accrued on _____ when the defendant No.2 came at the suit property _____ and she tried to dispossess the plaintiff from the mortgaged property forcibly the cause of action also arose on each and every dates when the plaintiff requested the defendant not to try to dispossess him from the suit property and the cause of action finally arose on _____ when the defendants finally refused to accept the requests of the plaintiff. Hence _____ is the final date of cause of action accrued in favour of the plaintiff. Hence this suit.
8- That the present suit being filed by the plaintiff against the defendant is the first suit and no such suit has been previously filed, pending or decided by any court of law on the same subject matter.
9- That plaintiff reside and the suit property is situated at _____ and the and entire cause of action to file the present suit also accrued at _____, within the territorial jurisdiction of this Hon’ble court, therefore, this Hon’ble court has got the jurisdiction to entertain and try the present suit
10- That the value of the suit for the purposes of court fee and jurisdiction is assessed at _____/- upon which a fixed court fees has been affixed on the plaint.
PRAYER:
It is, therefore, prayed that this Hon’ble court may kindly be pleased to:
(i) pass a decree permanent injunction restraining the defendants from interfering into the peaceful possession of the plaintiff over the suit property, dispossessing the plaintiff from the suit property which is fully mentioned in Para No.1 of the plaint and also restraining the defendant from forcibly snatching and selling the suit property may kindly be passed in favour of the plaintiff and against the defendants along with costs of the suit.
(ii) Or any other relief which this Hon’ble court deems fit and proper is also granted to the plaintiff.
Plaintiff
Through counsel:
_____ Advocate, _____
VERIFICATION:
Verified that the contents of paras No.1 to 7 and of the plaint are true and correct to best of my knowledge and Paras No. 8 to 10 of the plaint are true to best of my belief and on the information received. The last Para is the humble submission before this Hon’ble court.
Verified at _____ on _____
Plaintiff