IN THE COURT OF SENIOR CIVIL JUDGE, ____________

Suit No._____ /____

PLAINTIFF
[Name of Plaintiff]
Versus
DEFENDANTS

1. The Public at Large

2. The Sub-Registrar, Urban -1, ____________

3. The Administrator, Municipal Corporation, ____________

4. [Defendant No. 4]

5. [Defendant No. 5]

6. [Defendant No. 6]

SUIT FOR DECLARATION AND MANDATORY INJUNCTION WITH CONSEQUENTIAL RELIEF

RESPECTFULLY SHEWETH:

1. That the Plaintiff hails from a respectable family and is fully competent to institute and pursue the present proceedings. The addresses of the parties for the purpose of service of notice are provided in the title of the suit.

2. That the deceased [Name] passed away leaving behind the Plaintiff (widow) and Defendants No. 4 to 6 (sons) as the only legal heirs.

3. That the deceased was the owner in possession of a residential property measuring approximately [area], located at [address], by virtue of a registered sale deed.

4. That during his lifetime, the deceased gifted the said property to the Plaintiff out of natural love and affection, by executing a valid gift deed in her favour in the presence of witnesses. The possession of the property was handed over to the Plaintiff on the same day.

5. That as per legal requirements and established case law, a valid gift requires declaration, acceptance, and delivery of possession. These elements were fully complied with in this transaction, thus making the gift legally complete.

6. That when the Plaintiff approached the relevant authorities for the incorporation of her name in the record of rights, her request was declined, prompting her to seek appropriate relief from this Hon’ble Court.

7. That the Defendants failed to recognize the Plaintiff’s rights, despite repeated requests, thereby necessitating this legal action.

8. That the cause of action arose when the gift deed was executed and accepted, and subsequently when the authorities unlawfully refused to update the ownership records. The cause of action is continuing.

9. That this Hon’ble Court has jurisdiction to adjudicate the matter as the property is situated within its territorial limits and the parties reside within the same.

10. That the value of the suit for the purpose of court fees and jurisdiction is fixed appropriately, and the requisite court fee has been affixed accordingly.

PRAYER:

In view of the foregoing, the Plaintiff respectfully prays that this Hon’ble Court may be pleased to:

a) Declare the Plaintiff as the lawful owner in possession of the property mentioned in the suit.

b) Direct the relevant authorities to incorporate the Plaintiff’s name in the official record of rights on the basis of the gift deed.

c) Grant any other relief deemed just and proper under the circumstances.

Plaintiff
Through Counsel
[Name of Advocate(s)]
[Law Firm Name]

IN THE COURT OF SENIOR CIVIL JUDGE, ____________

Suit No._____ /____

PLAINTIFF
[Name of Plaintiff]
Versus
DEFENDANTS

SUIT FOR DECLARATION AND MANDATORY INJUNCTION WITH CONSEQUENTIAL RELIEF

APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 CPC FOR TEMPORARY INJUNCTION

RESPECTFULLY SHEWETH:

1. That the Plaintiff has filed the accompanying suit and the contents thereof may kindly be treated as part of this application.

2. That the Plaintiff has a prima facie case in her favour.

3. That the balance of convenience lies in favour of the Plaintiff.

4. That irreparable loss will be caused to the Plaintiff if the Defendants are not restrained from interfering with her possession.

PRAYER:

It is respectfully prayed that this Hon’ble Court may graciously restrain the Defendants from disturbing the Plaintiff’s possession over the suit property during the pendency of the main suit.
An interim injunction to the same effect is also prayed for.

Applicant / Plaintiff
Through Counsel
[Name of Advocate(s)]

IN THE COURT OF SENIOR CIVIL JUDGE, ____________

Suit No._____ /____

PLAINTIFF
[Name of Plaintiff]
Versus
DEFENDANTS

SUIT FOR DECLARATION AND MANDATORY INJUNCTION WITH CONSEQUENTIAL RELIEF

AFFIDAVIT

I, [Plaintiff], do hereby solemnly affirm and declare that the contents of the accompanying application for temporary injunction are true and correct to the best of my knowledge and belief.

Deponent

VERIFICATION

Verified on oath at __________ on this ___ day of _________ that the contents of the above affidavit are true and correct to the best of my knowledge and belief.

Deponent