Draft a PLAINT for a LAND-RELATED Issue 2025

Draft a PLAINT

IN THE COURT OF THE PRINCIPAL SENIOR DIVISION CIVIL

COURT AT MYSURU

ORIGINAL SUIT NO.      OF 2025

1. Mr. DEF,
   S/o GHI,
   Aged about 49 years,
   R/AT ________, Mysuru,
   Karnataka-570001            ……….            DEFENDANT NO.1
2. Mr. JKL,
   S/o Mr. MNO,
   Aged about 55 years,
   R/AT ________,
   Mysuru,
   Karnataka-570023            ……….            DEFENDANT NO.2

MEMORANDUM OF PLAINT UNDER SECTION 26 READ WITH  ORDER VII RULE 1 OF THE CODE OF CIVIL PROCEDURE,1908

The Plaintiff above named humbly submits as follows: –

1. The address of the Plaintiff for the purpose of service of notice, summons, etc., of this Hon’ble court is correctly furnished in the cause title. The Plaintiff may also be notified through his counsel,            , Advocate having office at Bengaluru.
2. The address of the Defendants for the similar purpose is also correctly stated in the cause title.
3. It is submitted that the Plaintiff is the absolute owner of the land bearing Survey No. 159, measuring 5 acres, situated in Mysuru District, Karnataka. The suit scheduled property was allotted to the Plaintiff by the State Government by an order dated 01.01.2020 in recognition of his meritorious service in the Indian Defence Forces. It is submitted that, the original copy of the said allotment order, along with the Plaintiff’s Indian Defence Force employee ID, are produced herewith as  per   ANNEXURE-A.
4. It is submitted that, in pursuant to the said allotment by the State Government, the Plaintiff’s name has been duly entered into the revenue records, after that the Plaintiff having has been in peaceful possession and enjoyment of the suit scheduled property. A copy of the name of the Plaintiff in the said revenue record herewith produced as per ANNEXURE-B.
5. It is submitted that, while the Plaintiff was continuously exercising his rights over the said land, the Defendant No. 1, all of a sudden, trespassed into the property and began cultivating it. The Defendant No. 1 stated that he had purchased the land from Defendant No. 2 through a registered sale deed dated 02.11.2022.
6. It is submitted that, the Defendant No. 2 has no right, title, or interest in the suit schedule property and as such, was not competent to sell the said land to the Defendant No. 1. It is submitted that consequently, the Defendant No. 1 has no legal right to possess and cultivate the said suit schedule property.
7. It is submitted that, despite repeated requests and demands, the DefendantNo.1 has refused to vacate the land and hand over possession, compelling the Plaintiff to approach this Hon’ble Court for redressal.
8. It is submitted that, the cause of action in favour of the Plaintiff and against the Defendant No.1 first arose on 02.11.2022, when Defendant No. 1 unlawfully entered the said suit property claiming title under an illegal sale deed, and continues to subsist as the Defendants remain in wrongful possession of the land.
9. It is submitted that, the suit is filed within the period of limitation.
10. This Hon’ble Court has jurisdiction to entertain the suit, as the suit property is situated within the territorial and pecuniary limits, and the cause of action has arisen within its jurisdiction.
11. It is submitted that, the value of the suit for the purposes of court fee and jurisdiction is Rs.2,70,000(as per the market value of the land), and the requisite court fee has duly been paid.
12. It is submitted that, this suit has not been previously filed or entertained by any other court, and no other relief has been claimed in this suit.

PRAYER

WHEREFORE it is prayed that this Hon’ble court may be pleased to:

1. This Hon’ble Court may be pleased to pass a decree:
   • Declaring that the Plaintiff is the absolute owner of the said suit schedule property;
   • Declaring that the sale deed dated 02.11.2022, executed by Defendant No. 2 in favor of Defendant No. 1, is null and void;
   • Granting a permanent injunction restraining the Defendants and their agents from interfering with the Plaintiff’s peaceful possession and enjoyment of the said suit property.
2. Pass a decree for a sum of Rs.5,00,000/- in favour of the Plaintiff and against the Defendants for litigation fees, mental agony and expenses.
3. Grant any other relief that this Hon’ble court may deem fit in the interest of justice and equity.

VERIFICATION

I, ABC, S/O XYZ, Plaintiff in the above case do hereby verify that contents at para 1 to 12 of the plaint are true and correct to the best of my knowledge, information and belief.

PLACE: Bangalore                                      PLAINTIFF

DATE: