IN THE COURT OF CIVIL JUDGE (SENIOR/JUNIOR DIVISON)

DISTRICT: GURUGRAM
CIVIL SUIT NO._____/2020

1. SH. AKHIL HARI SINGH

S/o SH. HARI SINGH
R/o A- 28, DLF PHASE-1, GURUGRAM
HARYANA 122002 ...PLAINTIFF

VERSUS
1. SH. DALIP SINGH
S/o LT. SH. SHAM SINGH
R/o A- 27, DLF PHASE-1, GURGAON
HARYANA 122002 …DEFENDANT NO.1

2. SH. BHUVAN SINGH

S/o SH. DALIP SINGH
R/o A- 27, DLF PHASE-1, GURGAON
 HARYANA 122002 …DEFENDANT NO.2

PRO FORMA DEFENDANT

3. SH. HARI SINGH

S/o LT. SH. SHAM SINGH
R/o A- 28, DLF PHASE-1, GURGAON
HARYANA 122002 …DEFENDANT NO.3

SUIT FOR PARTITION AND SEPARATE POSSESION,

DECLARATION, RENDITION OF ACCOUNTS, PERMANENT AND
MANDATORY INJUNCTION

MOST RESPECTFULLY SHOWETH:

1. That the Plaintiff is a law abiding citizen of this country having his
residential address as mentioned in the memo of parties.

2. That the Defendant No.1 is the Plaintiff’s paternal uncle namely Sh.
Dalip Singh & the Defendant No.2 is the son of the Defendant No.1
and the Plaintiff’s cousin brother namely Sh. Bhuvan Singh. The
Defendant No.3 namely Sh. Hari Singh is the father of the Plaintiff.
The addresses of the Defendants are as mentioned in the memo of
 parties.

The Plaintiff states that the facts leading to the filing of the present suit
are as follows:

3. That for the Fasli year 1386 – 1391 [ As per the Julian Calendar: 1978 –
1983], the revenue / land records of the Tehsil of Nagina, District:
Bijnor, Uttar Pradesh showed one Kunwar Chandrabhan Singh S/o
King Udayraj Singh R/o Nainital as the owner of land falling under
Khata No. 5, Gata/Khasra No. 3M & 6 ad measuring 82 Bigha 5
Biswas and 4 Biswansi. The land under Gata/Khasra 3M measuring 55
Bigha and 3 Biswa and the land under Gata/Khasra 6 measuring 27
Bigha and 11 Biswansi (6.9580 Hectares).

4. That the grandfather of the Plaintiff namely Sh. Sham Singh in the year
1979 purchased the land under Gata/Khasra No. 6 measuring 27 Bigha
and 11 Biswansi (6.9580 Hectares) in Village: Vijaysinghpur,
Tehsil:Nagina, District:Bijnore, Uttar Pradesh from one Rani Rashal
Manjari Devi in favor of his wife Smt. Bhagwati Devi (herein the
Plaintiff's grandmother), and his niece namely Smt. Chander Kanta aka
Deepa Singh ( herein the Plaintiff's aunt); who was a minor back in the
year 1979. Thus there were 2 co-owners of the said piece of land
purchased by Sh. Sham Singh in Gata/Khasra No. 6 measuring 27
 Bigha and 11 Biswansi (~6.9580 Ha). The first being Smt. Bhagwati
Devi and the other being Smt. Chander Kanta.
Hereto annexed and marked as “Exhibit-A” is a copy of the map of the
scheduled property purchased by the grandfather of the plaintiff in the
name of his wife Smt Bhagwati Devi (herein the Plaintiff's
grandmother), and his niece Smt. Chandrakanta aka Deepa Singh along
with a copy of the Sale Deed dated 25.01.1979 hereto annexed and
marked as “Exhibit-B”. It is apposite to state here that in the month of
October 1988, Sh. Shyam Singh eventually passed away.

5. That after purchasing the aforesaid land in Gata/Khasra No. 6

measuring 27 Bigha and 11 Biswansi (6.9580 hectares), Sh. Sham
Singh grew fruit orchards and reared cattle, goats and poultry to ensure
that there was essential food available in the form of fruits, milk, eggs,
meat, etc. whenever he or his family members visited the farm land.
The farm land has a small physical structure which was renovated and
wherein rooms were constructed too.

6. That it is pertinent to bring it to the notice of this Hon’ble Court that a

Sale Deed was executed on the 12 th of December 2008 between Sh.
Dalip Singh (Defendant No.1) who in his capacity as the Attorney of
Smt. Chander Kanta vide General Power of Attorney dated 24.11.1992;
sold her entire share of 0.478 hectares out of the total land ad
measuring 6.958 hectares in Gata/Khasra No. 6 in Village:
 Vijaysinghpur, Tehsil:Nagina, District:Bijnore, Uttar Pradesh to the
Defendant No.2 (acting through Sh. Shakeel Khan [the Power of
Attorney Holder of the Defendant No.2]). In the aforesaid sale deed
that was executed on12.12.2008 the Defendant No.1 in his capacity as
the Power of Attorney Holder of Smt. Chandrakanta explicitly stated
that Smt. Chander Kanta who was a co- owner to the extent of her
share amounting to 0.478 hectares out of the total land admeasuring
6.958 hectares in Gata/Khasra No. 6 in Village: Vijaysinghpur,
Tehsil:Nagina, District:Bijnore had completely relinquished her share
of 0.478 hectares out of the total land ad measuring 6.958 hectares in
Gata/Khasra No. 6 in Village: Vijaysinghpur, Tehsil:Nagina,
District:Bijnore, Uttar Pradesh pursuant to the sale of her share to the
Defendant No.2 namely Sh. Bhuvan Singh.

7. That the remaining share i.e. 6.48 hectares ( 6.958 hectares - 0.478
hectares) in Gata/Khasra No. 6 in Village: Vijaysinghpur,
Tehsil:Nagina, District:Bijnore, Uttar Pradesh rightfully belonged to
Smt. Bhagwati Devi; which hereinafter shall be referred to as the “Suit
Property” and is a part of the total land ad measuring 6.958 hectares in
Gata/Khasra No. 6 in Village: Vijaysinghpur, Tehsil:Nagina,
District:Bijnore, Uttar Pradesh.

8. That on the 24th of November 1992 Smt. Bhagwati Devi who was the
Plaintiff’s grandmother ( hereinafter referred to as the Testator) put her
 hand to a Will/Testament. As per her will, she owned the following
properties: a. Property in Delhi (Kashmere Gate) - specifics of the
shops as mentioned in the partition deed; b. Share of Agriculture Land
in Khata No. 5, Gata No. 3M & 6 measuring 82 Bigha, 5 Biswas & 4
Biwansi in Village: Vijaysinghpur, Tehsil: Nagina, District: Bijnore) on
which a building is also constructed; c. Bank Balance in S/B A/c No.
14172 in Central Bank of India, Lajpat Nagar, New Delhi; d. Bank
Balance in S.B A/c No. 5204 in Canara Bank, Kashmere Gate, Delhi; e.
Gold & Silver Jewellery - in person & bank lockers; f. Cash in house;
g. Shares in different Companies; h. Units in Unit Trust of India; i.
Investments in future purchase of properties.

9. That as on 24.11.1992 the Testator had 2 minor grandsons namely the

Plaintiff herein aged 8 years [minor son of Defendant No.3] and Thakur
Bhuvan Singh, aged about 9 years [Defendant No.2 and the minor son
of the Defendant No.1]. To avoid any disputes the Testator stated in her
will that so long as is alive she will continue to be the absolute owner
and in possession of the immovable and moveable property or any
other immovable and movable property she acquires in her life time.

10. That the Testator in her will dated 24.11.1992 further held that
after her death the whole property at present or if acquired by her in the
future, cash, bank balances, shares, units at present or acquired by her
shall be divided in two equal parts. One share shall be bequeathed to
 Master Akhil Hari Singh (the Plaintiff herein) minor son of and under
the guardianship of his father Dr. Hari Singh (Defendant No.3) and the
other share shall be bequeathed to Thakur Bhuwan Singh (Defendant
No. 2) minor son of and under the guardianship of his father Sri Dalip
Singh (Defendant No.1). Since the Plaintiff and his cousin Bhuvan
Singh (Defendant No.2) were both minors at the relevant time frame;
their respective parents were made guardians to take decision and
collect the proceeds from the assets on their behalf. Hereto annexed and
marked as “Exhibit-C is a copy of the registered last will and
testament of Smt. Bhagwati Devi dated 24.11.1992.

11. That on the same day i.e. 24.11.1992, the Plaintiff's uncle i.e. Sh.
Dalip Singh ( Defendant No, 1) convinced Smt. Bhagwati Devi to grant
him a General Power of Attorney with respect to her share of
Agriculture land situated in Khata No.5, Ghata No. 3M and 6,
measuring 82 Bisha 5 Biswas 4 Biswansi, in Village Vijai Singh Pur
Tehsil: Nagina, District: Bijnor, Uttar Pradesh. Accordingly, a General
Power of Attorney was drawn on the same day by the Defendant No.1
in his favor; empowering him to do acts, deeds and things in his mother
Late Bhagwati Devi's name and on her behalf with respect to her share
of Agriculture land situated in Khata No.5, Ghata No. 3M and 6,
measuring 82 Bisha 5 Biswas 4 Biswansi, in Village Vijai Singh Pur
Tehsil: Nagina, District: Bijnor, Uttar Pradesh. Hereto annexed and
marked as “Exhibit-D” a copy of General Power of Attorney dated
 24.11.1992 executed by Lt. Smt. Bhagwati Devi in favor of Sh. Dalip
Singh registered before the Sub-Registrar Noida.

12. That on the same day i.e. 24.11.1992 Smt. Chander Kanta (herein
the Plaintiffs’ aunt) executed a General Power of Attorney bearing
No.35 registered before the Sub Registrar, Noida in favor of the
Defendant No.1; thereby empowering him to do acts, deeds and things
on her behalf with respect to her share of Agriculture land situated in
Khata No.5, Ghata No. 3M and 6, measuring 82 Bisha 5 Biswas 4
Biswansi, in Village Vijai Singh Pur Tehsil: Nagina, District: Bijnor,
Uttar Pradesh. Hereto annexed and marked as “Exhibit-E” is a copy of
the General Power of Attorney bearing No.35 dated 24.11.1992
executed by Smt. Chander Kanta Devi in favor of the Defendant No.1
and registered before the Sub-Registrar Noida.

13. That as per the revenue records dated 1st of January 1993, the land
owners of the property being Khasra No.6, Khata No.5 total ad
measuring 6.958 hectares (which included the suit property ad
measuring 6.48 hectares) were: a. Bhagwati Devi (Plaintiff’s late
grandmother) b. Chander Kanta (Plaintiff’s aunt). Hereto annexed and
marked as “Exhibit-F” is a copy of the land record dated 1 st January
1993 wherein the name of the owners of the suit property were stated.
14. That in the year 1994, Smt. Bhagwati Devi was diagnosed with
Gall Bladder and Liver cancer and she eventually passed away on the
28th of February 1995.

15. It is further relevant to state here that as per the revenue records
dated 2008 the land owners of the property being Khasra/ Khet No.6,
Khata No.5 ad measuring 6.958 hectares (which included the suit
property ad measuring 6.48 hectares) were now in the name of: a. Hari
Singh (Defendant No.3) b. Dalip Singh (Defendant No.1) c.Chander
Kanta. Hereto annexed and marked as “Exhibit-G” is a copy of the
land record dated 25th of September 2008 wherein the names of the new
owners of the aforesaid property were stated.

16. Furthermore, as mentioned in Para 5 above that a Sale Deed was

executed on the 12th of December 2008 between Sh. Dalip Singh
(Defendant No.1) who in his capacity as the Attorney of Smt. Chander
Kanta vide General Power of Attorney dated 24.11.1992; sold her entire
share of 0.478 hectares out of the total land ad measuring 6.958
hectares in Gata/Khasra No. 6 in Village: Vijaysinghpur, Tehsil:Nagina,
District:Bijnore, Uttar Pradesh which was purchased by Sh. Sham
Singh in favor of his wife Smt. Bhagwati Devi and his niece Smt.
Chander Kanta; to the Defendant No.2 (acting through Sh. Shakeel
Khan [the Power of Attorney Holder of the Defendant No.2]). In the
aforesaid sale deed that was executed on12.12.2008 the Defendant
 No.1 in his capacity as the Power of Attorney Holder of Smt.
Chandrakanta explicitly stated that Smt. Chander Kanta who was a co-
owner to the extent of her share amounting to 0.478 hectares out of the
total land admeasuring 6.958 hectares in Gata/Khasra No. 6 in Village:
Vijaysinghpur, Tehsil:Nagina, District:Bijnore had completely
relinquished her share of 0.478 hectares out of the total land ad
measuring 6.958 hectares in Gata/Khasra No. 6 in Village:
Vijaysinghpur, Tehsil:Nagina, District:Bijnore, Uttar Pradesh pursuant
to the sale of her share to the Defendant No.2 namely Sh. Bhuvan
Singh. Hereto annexed and marked as “Exhibit-H” is a copy of the
Sale Deed executed on the 12th of December 2008 whereby Chander
Kanta’s entire share of 0.478 hectares out of the total land ad
measuring 6.958 hectares in Gata/Khasra No. 6 in Village:
Vijaysinghpur, Tehsil:Nagina, District:Bijnore, Uttar Pradesh was sold
to the Defendant No.2 by the Defendant No.1.

17. That it is relevant to state here that the aforesaid General Power
of Attorney bearing No. 35 dated 24.11.1992 executed by Smt.
Chander Kanta in favor of the Defendant No.1 has now been revoked
by a Deed of Cancellation and Revocation bearing No.___________
executed on the ______day of ________2020; whereby the Principal
namely Smt. Chander Kanta revoked the General Power of Attorney
bearing No. 35 dated 24.11.1992 executed in favor of the Defendant
No.1 and absolutely rescinded all powers or authority thereby and there
 under given to him vide the General Power of Attorney bearing No. 35
dated 24.11.1992; either expressly or impliedly to do all acts, deeds,
intents and purposes regarding the said immovable property. Hereto
annexed and marked as “Exhibit-I” a copy of the Deed of Cancellation
and Revocation of General Power of Attorney dated ______day of
________2020.

18. That in 2015, the Plaintiff en route to Lansdowne, Uttarakhand

visited the land in Gata/Khasra No. 6 in Village: Vijaysinghpur,
Tehsil:Nagina, District:Bijnore, Uttar Pradesh total land ad measuring
6.958 hectares ( which included the suit property measuring 6.48 hect
ares) to see its upkeep; whereby he was given a tour of the entire land
and the common areas of the house standing thereon by Mr. Reti Ram,
who was the caretaker of the said land admeasuring 6.958 hectares
( which included the suit property measuring 6.48 hectares). The
Plaintiff was shown the rooms which were locked for personal use by
the Defendant No.1 and 2. The rooms did seem to be much in livable
condition and Mr. Reti Ram told us that the Defendant No.1 along with
his wife had just visited a few days ago and stayed comfortably.

19. That the Plaintiff further found out that the trees that were
growing on the piece of land ad measuring 6.958 hectares ( which
included the suit property measuring 6.48 hectares) in Khasra No.6,
Village:Vijaysinghpur, Tehsil:Nagina, District:Bijnore, Uttar Pradesh
 were giving a healthy produce and in abundance and the same was
being sold for good profits of which the Plaintiff was never given a
share by the Defendant No.1 and 2.

20. That vide order dated 25th of February 2016, Smt. Chander
Kanta’s name was removed from the revenue records pertaining to the
total land ad measuring 6.958 hectares (which included the suit
property ad measuring 6.48 hectares) in Gata/Khasra No. 6 in Village:
Vijaysinghpur, Tehsil: Nagina, District: Bijnore, Uttar Pradesh and in
lieu the Defendant No.1’s name was added; as per the orders passed by
the Tehsildar, Nagina.

21. Furthermore, as per the land records dated 3rd of March 2016, the
new land owners of the total land being Khasra/ Khet No.6, ad
measuring 6.958 hectares (which included the suit property ad
measuring 6.48 hectares) were: a. Sh. Hari Singh (Defendant No.3) b.
Sh. Bhuvan Singh (Defendant No.2) c. Smt. Chander Kanta (the
Plaintiff’s aunt). Hereto annexed and marked as “Exhibit-J” is a copy
of the land record dated 3rd of March 2016 wherein the names of the
new owners of the aforesaid land were stated. It is relevant to cite here
that the order passed by the Tehsildar, Nagina dated 25th of February
2016 as mentioned in the preceding paragraph has been noted in the
aforesaid land record dated 3rd of March 2016 ( “Exhibit-J”).
22. However, as per the revenue records dated 15th of November
2018, the new owners of the land being Khasra/ Khet No.6, ad
measuring 6.958 hectares (which included the suit property ad
measuring 6.48 hectares) were: a. Hari Singh (Defendant No.3) b. Sh.
Bhuvan Singh (Defendant No.2) c. Sh. Dalip Singh (Defendant No.1).
Hereto annexed and marked as “Exhibit-K” is a copy of the land
record dated 15th of November 2018 wherein the names of the new
owners of aforesaid property are stated.

23. That again as per the revenue records dated 12th of February
2019, the owners of the land being Khasra/ Khet No.6, ad measuring
6.958 hectares (which included the suit property ad measuring 6.48
hectares) were: a. Hari Singh (Defendant No.3) b. Sh. Bhuvan Singh
(Defendant No.2) c. Sh. Dalip Singh (Defendant No.1). Hereto
annexed and marked as “Exhibit-L colly” is a copy of the land record
dated 12th of February 2019 wherein the names of the new owners of
the aforesaid land along with their respective shares are stated.

24. That the Plaintiff in a tabular form would like to bring to the kind
notice of this Hon’ble Court the change in ownership of the land being
Khasra/ Khet No.6, ad measuring 6.958 hectares (which included the
suit property ad measuring 6.48 hectares):
Fasli Year Julian Ownership pattern of the land being
Calendar Khasra/ Khet No.6, ad measuring
 6.958 hectares (which included the
suit property ad measuring 6.48
hectares)
1391-1396 1983 – 1988  Smt. Bhagwati Devi

 Smt. Chander Kanta

1397-1402 1989 - 1994  Smt. Bhagwati Devi

 Smt. Chander Kanta

1403 – 1408 1995 – 2000  Smt. Bhagwati Devi

 Smt. Chander Kanta

1409 – 1414 2001 – 2006  Sh. Hari Singh (Defendant
No.3)

 Sh. Dalip Singh (Defendant

No.1)

 Smt. Chander Kanta

1415 – 1420 2007 – 2012  Sh. Hari Singh (Defendant
No.3)

 Sh. Dalip Singh (Defendant

No.1)

 Smt. Chander Kanta

1421 – 1426 2013 – 2018
 Sh. Hari Singh (Defendant
No.3)

 Sh. Dalip Singh (Defendant

 No.1)

 Sh. Bhuvan Singh (Defendant

No.2)

 Sh. Hari Singh (Defendant

1427 – 1432 2019 – 2024 No.3)

 Sh. Dalip Singh (Defendant

No.1)

 Sh. Bhuvan Singh

(Defendant No.2)

25. That out of the total land ad measuring 6.958 hectares, Smt.
Chander Kanta’s entire share of 0.478 hectares in the property was sold
by the Defendant No.1 in his capacity as the Attorney of Smt. Chander
Kanta vide General Power of Attorney dated 24.11.1992; to the
Defendant No.2 (acting through Sh. Shakeel Khan [the Power of
Attorney Holder of the Defendant No.2]) as stated in the preceeding
paragraphs. Thus the remaining portion i.e. 6.48 hectares which is the
suit property belonged to Lt. Smt. Bhagwati Devi.

26. That the Plaintiff and the Defendants are in joint possession of the
of the suit property and that the Plaintiff’s share is 3.24 hectares out of
the total suit property [i.e. 6. 48 hectares that belonged to Lt. Smt.
Bhagwati Devi] as per the will date 24.11.1992 drawn in his favor by
 his grandmother Lt. Smt. Bhagwati Devi; as in her will dated
24.11.1992 she had held that after her death the whole property at
present or if acquired by her in the future, cash, bank balances, shares,
units at present or acquired by her shall be divided in two equal parts.
One share shall be bequeathed to Master Akhil Hari Singh ( the
Plaintiff herein) minor son of and under the guardianship of his father
Dr. Hari Singh (Defendant No.3) and the other share shall be
bequeathed to Thakur Bhuwan Singh (Defendant No. 2) minor son of
and under the guardianship of his father Sri Dalip Singh (Defendant
No.1).

27. Therefore, the Plaintiff is entitled to ½ share in the total suit

property along with the Defendant No.2 who is entitled to the other ½
share in the suit property vide the will date 24.11.1992 also drawn in
his favor by his grandmother Lt. Smt. Bhagwati along with an
additional 0.478 hectare out of the total property ad measuring 6.958
hectares in Khasra No.6, Village: Vijaysinghpur, Tehsil:Nagina,
District: Bijnor, Uttar Pradesh ; which he purchased it from his father
i.e. Defendant No. 1 who in his capacity as the holder of Power of
Attorney; sold Chander Kanta’s previously held share to him i.e the
Defendant No.2.

28. That as per the tenets of law both the Plaintiff and the Defendant
No. 2 i.e. Sh. Bhuvan Singh hold their aforesaid shares in the suit
 property to the exclusion of the Defendant No. 1 and 3 respectively
since provisions of a valid will supersede the Hindu Laws of
Succession. And that after selling off Smt. Chander Kanta’s share in the
land being Khasra/ Khet No.6, ad measuring 6.958 hectares in favor of
the Defendant No.2, the name of the Defendant No.1 should not have
been in the land records as stated in the preceeding paragraphs along
with the Defendant No.3

29. It is pertinent to state here that on the 17th of November 2019, the
Defendant No. 3 (i.e. the Plaintiff’s father) and the Defendant No.1 (i.e.
the Plaintiff’s uncle) met at the Plaintiff’s house for some discussion on
matters pertaining to the suit property; wherein the Defendant No.3
stated that the share of the Plaintiff and the Defendant No.2 in the suit
property should be rightfully bequeathed to them as per the will drawn
by their grandmother Lt. Smt. Bhagwati Devi. To which the Defendant
No.1 replied that the Plaintiff never had any right/share in the suit
property. Thus out rightly rejected the Plaintiff’s share in the suit
property.

30. That in pursuance of the refusal of the Defendant No.1 to

recognize the share of the Plaintiff in the suit property, the Plaintiff by
means of a Legal Notice dated ______day of____2020 called upon the
Defendants to partition the suit property bearing Khasra No.6 in
Village: Vijaysinghpur, Tehsil: Nagina, District: Bijnore, Uttar Pradesh
 by meets and bound along with other additional reliefs. Hereto annexed
and marked as “Exhibit-M” is a copy of the Legal Notice(s) dated
________ addressed to the Defendant(s) thereby calling upon them to
partition the suit property bearing Khasra No.6 in Village:
Vijaysinghpur, Tehsil: Nagina, District: Bijnore, Uttar Pradesh by meets
and bound along with other additional reliefs.

31. That vide their reply dated ____________________, the

Defendant No.____& ________ rejected the Plaintiff’s demand to
partition the suit property by metes and bounds and accede to the
ancillary reliefs as sought in the legal notice dated ___________.

32. That in view of the above facts and circumstances, the Plaintiffs
left with no other efficacious remedy except to approach this Hon'ble
Court by way of present suit against the illegal, unlawful, unwarranted,
unconstitutional and unjust act of the Defendants; whereby the Plaintiff
claims partition and separate possession of his 1/2 share in the suit
property along with other ancillary reliefs.

33. That the cause of action for filing the suit arose in October 2002
when the father of the Plaintiff i.e. the Defendant No.3 requested the
Defendant No.1 to execute the will of Lt. Smt Bhagwati Devi as both
the legal heirs were major but the same was ignored. The Plaintiff again
requested the Defendants orally subsequently on various occasions but
 of no consequence. The cause of action for filing the suit further arose
on the 17th of
November 2019, when the Defendant No. 3 (i.e. the
Plaintiff’s father) and the Defendant No.1 (i.e. the Plaintiff’s uncle) met
at the Plaintiff’s house for some discussion on matters pertaining to the
suit property. Wherein the Defendant No.3 stated that the Defendant
No.1 should hand over the suit property to the legal heirs i.e. the
Plaintiff and the Defendant No.2 herein. To which the Defendant No.1
replied that the Plaintiff had no right/share in the suit property and that
it was never there. The cause of action for filing the suit further arose
when the Plaintiff by means of a Legal Notice dated ______day
of_____2020 called upon the Defendants to partition the suit property
bearing Khasra No.6 in Village: Vijaysinghpur, Tehsil: Nagina, District:
Bijnore, Uttar Pradesh by meets and bound along with other additional
reliefs. The cause of action further arose when the Defendant
No___&_______ vide their reply dated __________________ rejected
the Plaintiff’s demand to partition the suit property by metes and
bounds and accede to the additional reliefs sought by him in the legal
notice. Pursuant to which the present suit has been filed before this
Hon’ble Court. This is continuous cause of action which arises from
day to day and continues to arise till final decree is made.

34. That the Defendants actually and voluntarily reside within the
local limits of this Hon'ble Court; hence this Hon’ble Court has the
territorial jurisdiction to try and entertain the present suit of the
 Plaintiff.

35. That the present suit is within the limitation period has been filed
bonafidely and in the interest of justice.

36. That the Plaintiff state that the suit property is situated at Village
Vijaysinghpur Tehsil: Nagina, Dist: Bijnor, Uttar Pradesh. For the
purpose of court fees and jurisdiction; the suit valued at Rupees
____________which is the market value of the suit property and
appropriate Court fee amounting to Rs. ________________in terms of
Article 17(vi) of Court Fees Act has been paid.

PRAYER:

It is therefore most respectfully prayed that this Hon'ble Court may kindly be
pleased to pass/grant :

1) A decree of partition in respect of the Plaintiff's ½ share in the suit

property as bequeathed by him vide the will executed by Late Smt.
Bhagwati Devi and that the Plaintiff be put in
separate possession of his ½ share which would
include the trees, plantations, cattle, poultry, temporary and
permanent structures as affixed to it; to the exclusion of
the Defendants.
2) a preliminary decree for partition of the suit property by metes and
bounds and if it is ascertained that this property is not capable of being
divided by metes and bounds then to order sale of the suit property and
to divide the proceeds in the ratio of ½ share for each of the Plaintiff
and the Defendant No.2

3) a decree of declaration that the plaintiffs have inherited the rights and
is the rightful in respect of all his ½ share in the suit property to the
exclusion of the Defendants.

4) A decree of rendition of accounts with direction to the Defendants

to produce and submit in the Court the accounts, corresponding tax
returns and details of money so collected and retained by the
Defendants by way of income, profit or otherwise from the income of
the suit property and share of profit out of the realisation
of the amount of money as might be determined upon
rendition of accounts in favor of the Plaintiff as from
the death of Smt. Bhagwati Devi and to pass a decree in favour
of the plaintiffs in such sum as may be found due and
payable to the Plaintiff; and

5) Pass a decree for appointment of a receiver of the suit property.

6) Pass a decree for appointment of an expert person with sufficient

accounting knowledge, such as a Chartered Accountant to inspect the
accounts and use his knowledge and expertise to determine the
 details of money collected and retained by the Defendants out of
he suit property till the filing of the present suit;

7) the Defendants, their agents, associates, employees, representative,

attornies, and persons claiming through them may kindly be
restrained by way of Prohibitory injunction in perpetual form from
selling, transferring, mortgaging or creating third party interest in
any manner in respect of the suit property bearing Khasra No. 6
situated in the revenue estate of Village: Vijaysinghpur, Tehsil:
Nagina, District: Bijnore, Uttar Pradesh and a decree to that
effect;

8) the Defendants, their agents, associates, employees, representatives,

attornies and persons claiming through them may kindly be
restrained by way of Prohibitory injunction in perpetual form from
digging, raising any construction, super-structure and using the
suit property for non- agriculture use and damaging the holding of
mentioned in prayer para (7) above and a decree to that effect

(v) costs of the suit be awarded to the Plaintiffs against the Defendants,

(vi) such other, further relief/s in the facts and circumstances of the case as
this Hon'ble Court may deem just and equitable in favour of the
Plaintiff.

Schedule of property:
All that piece & parcel of land measuring and Area: 6.48 hectares

Description: Village: Vijay Singhpur; Pargana: Badapur; Tehsil:Nagina

District: Bijnor
Khasra No: 6
All the said property is butted & bounded by:
On the North On the South On the East On the West
along with all structures and building constructed and to be constructed
thereon together with all rights, interests, titles, easements etc attached
thereto or appertaining to the Scheduled Property.

Delhi PLAINTIFF

DATED: _. __.2020

THROUGH

LEXSTONE CHAMBERS

__________________________________

VERIFICATION:
 Verified at Gurugram on this _____th day of _______ 2020 that the contents
of para No._____ to _______ of the above plaint are true to my knowledge
and the contents of para No. _______to________ of the above plaint and
other legal averments are true according to the legal advice received and
believed to be true. Last para contains the prayer to this Hon'ble Court.

PLAINTIFF

IN THE COURT OF CIVIL JUDGE (_________DIVISON)

DISTRICT: GURUGRAM

CIVIL SUIT NO._____/2020

SH. AKHIL HARI SINGH ...PLAINTIFF

VERSUS
SH. DALIP SINGH & ORS ...DEFENDANTS
AFFIDAVIT
I, Sh. Akhil Hari Singh S/o Sh. Hari Singh and R/o A-28, DLF Phase-1,
Gurugram, Haryana 122002, at present at Gurugram, do hereby solemnly
affirm and declare as under:
1. That I am the Plaintiff in the above noted case and am well conversant
with the facts and circumstances of the case, and competent to swear
this affidavit.
2. That I have filed Suit for Partition, Seperate Possesion, Declaration,
Rendition of Accounts, Permanent and Mandatory Injunction which has
been drafted by my counsel under my instructions and directions, the
contents of the same have been explained to me in vernacular language,
which are true and correct to my knowledge and the same may kindly
be read as part and parcel of this affidavit.

DEPONENT
Verification:

Verified at Gurugram on this ____ day of _________ 2020 that the contents
of above affidavit are true and correct to my knowledge and no part thereof is
false and nothing material has been concealed therein.

DEPONENT