In The High Court Of Delhi At New Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL ORIGINAL JURISDICTION) CS(OS) NO. OF 2012 IN THE MATTER OF: 1. Ms. Anjali Dubey D/o Ram Anuj Dubey R/o-661-B, Katra Hardyal, Chandni Chowk, Delhi 2. Vijay laxmi D/o Ram Anuj Dubey R/o-661-B, Katra Hardyal, Chandni Chowk, Delhi

… Plaintiffs Versus

1. Sh. Ram Anuj Dubey, S/o Late Sh. Rajpati Dubey, R/o-Sonia Vihar, Pocket-I, Block-C, Shahdara, Delhi 2. Ms. Manju Dubey D/o Ram Anuj Dubey R/o-C-3/3167, Vasant Kunj, New Delhi-70

… Defendants

SUIT FOR DECLARATION , PARTITION, SEPARATE POSSESSION & PERMANENT INJUNCTION MOST RESPECTFULLY SHOWETH: 1.

That the Plaintiffs and defendant no.2 are sisters and the defendant no.1 is the father of the plaintiffs and resident of the aforesaid address as set out in the memo of parties.

2.

That Smt. Saguna Devi, mother of plaintiffs and defendant no.2 and wife of defendant no.1 demised Intestate on 03.01.2012 leaving behind three daughters i.e. plaintiffs and the defendant no.2 being her legal heirs.

3.

That the mother of the plaintiffs and defendant no.2 died

intestate leaving behind two adjacent to each other properties, which were in her possession and she was the only legal owner of the properties below mentioned whose boundaries are specifically shown as under:a) Plot admeasuring 50 sq.yds. Khasra No.252, situated in Village Sadatpur, Gujran in the abadi area of Sonia Vihar, Pocket-I,

Block-C,

illaqa

Shahadara,

Delhi-94

whose

boundaries as shown as under: East

:

Gali 7 feet wide.

West

:

Property of others.

North

:

Property of others.

South

:

Property of others.

b) Plot admeasuring 25 sq.yds. Khasra No.252, situated in Village Sadatpur, Gujran in the abadi area of Sonia Vihar, Pocket-I,

Block-C,

illaqa

Shahadara,

Delhi-94

whose

boundaries as shown as under: East

:

Property of Smt. Saguna Devi.

West

:

Gali 15 feet wide.

North

:

Property of others.

South

:

Property of others.

Which is hereinafter referred as ‘suit properties’. The rough site plan of the suit property is annexed herewith as Annexure P-1. 4.

That the suit property as mentioned above was the self acquired property of Smt. Saguna Devi who had purchased the same from her own funds from one Sh. Ramesh Chand S/o Sh. Saktu Ram R/o-25,

Village

Sadatpur,

Gujran,

Karawal

Nagar

Road,

Shahdara Delhi-94 and Ramesh Chand issued agreement of sell,

GPA in favour of Smt. Saguna Devi and the same was duly executed by Sh. Ramesh Chand and acknowledged the same by issuing the receipts for the consideration amount received from Smt. Sugna Devi. 5.

That Smt. Saguna Devi purchased the aforesaid suit properties from her own funds vide registered General Power of Attorney which were registered in the office of the Sub-Registrar, Seelampur, New Delhi at GPA No. 13706, addl. Book no. 4, Serial No. 827 at page no.92 to 93 on 02.04.2003 and other was registered at GPA No.33562, in addl Book No. 4, Serial No.827 at page no.35 to 36 on 30.07.2003 in the office of Sub-Registrar, Seelampur, New Delhi. That during her life time Smt. Sugna Devi was in possession of the suit properties as she received the possession of the said suit properties from the previous rightful owner who sold the said suit properties to the mother of the plaintiffs and the defendant no.2.

6.

That as per the Hindu Succession Act self acquired property of a female would be her absolute property and the plaintiffs and the defendants are falls in the first category as per the schedule and all the plaintiffs and the defendants are the legal heirs of late Smt. Saguna Devi and equally entitled in the suit properties being co-parcener and no one alone is the absolute legal heir of Smt. Saguna Devi. The suit property has to be equally be devolved among the legal heirs of Smt. Saguna Devi as per law.

7.

That Smt. Saguna Devi during her life time rented out the said premises by inducting tenants and received the rent from the tenants and now the defendant no.1 is receiving the rent with the

consent of the plaintiffs and the defendant no.2. That the plaintiff and defendant were entered into family arrangement and it was agreed between the plaintiffs and defendants that the rent be handed over to the defendant no.1 for his survival and accordingly the defendant no.1 is receiving the rent of the suit property from the tenant till date. 8.

That during the passage of time the defendant no.1 come in the touch of bad persons and had an evil eye on the suit properties of plaintiffs and defendant no.2 and trying to alienate the suit property without discharging any liability of the father. It is pertinent to mention here that both the plaintiffs are unmarried and at the verge of marriageable age and without considering the same the defendant No.1 deserted them saying that he had no relation with them.

9.

That now the defendant no.1 is willing & trying to sold out the suit properties without the consent of the plaintiffs and the defendant no.2 and by misrepresenting the proposed purchasers as the owner of the suit property. However, the plaintiffs and the defendant no.2 has great love and affection with the suit properties and they are not willing to sold out the properties left by their mother as they have great emotional values for the same, as the same is left by their mother for themselves as a token of love.

10.

That the defendant no.1 in the last week of February, 2012 tried to steal the documents relating to the suit properties but could not succeeds in his illegal motive due to the timely intervention of the plaintiffs as the documents are in the possession of the

plaintiffs after the death of Smt. Saguna Devi. Hence there is reasonable apprehension that the defendant no.1 might have dispose of the suit properties by creating lien or by any means and deprive the plaintiffs from their legal right to enjoy the suit properties. 11.

That thereafter the plaintiffs approached to the defendant no.1 and requested to not to dispose off the suit property as they had great value for the same but the defendant no.1 flatly refused and threatened the plaintiffs that the suit properties are belongs to him and after the death of Smt Sugna Devi he is the owner of the said suit properties and restraining the plaintiffs to interfere in the way of defendant No.1 in disposing off the suit properties in any manner.

12.

That the defendant no.1 is adamant to deprive the plaintiffs and the defendant no.2 from their rightful enjoyment in the suit property and also refused to abide by the oral family arrangement entered between the plaintiffs and the defendants, which clearly show the dishonest intention of the defendant no.1. However, during the lifetime of the mother of the plaintiffs the defendant no.1 never supported the mother of plaintiffs rather he had taken money from Smt. Saguna Devi for his own survival and now the defendant no.1 illegally depriving the plaintiffs from her legal right of enjoyment of the suit properties.

13.

That the plaintiffs has apprehension that the defendant no.1 might have dispose off the suit properties left behind by their mother for themselves and if the defendant no.1 succeeds in his illegal motive then the plaintiffs would be deprived from the

rightful use and ownership and in such circumstances the great injustice and prejudice would be caused to the plaintiffs. Hence the defendant no.1 is required to be permanently restrained from creating lien or dispose of the suit properties in any manner. 14.

That the Cause of action arose on …………… when the mother of the plaintiffs demised intestate and thereafter on various dates when the defendant no.2 tried to dispose off the suit property and since then the same is continuous and subsisting till date.

15.

That this Hon’ble Court has the territorial jurisdiction to entertain the present plaint as the suit property is situated within the territorial jurisdiction of this Hon’ble Court, hence, this court is competent to adjudicate the present suit and decide the rights of the plaintiffs in the suit property and also declaration in respect to the suit properties.

16.

That the valuation of the present suit for the relief of partition is Rs. …………..…….. lakhs, However, as plaintiffs and defendants are jointly in possession of some of these properties qua the tenant in the properties at Sonial Vihar, the plaintiffs is presently affixing advalorem Court fee of Rs………………. on his share in the suit property.

17.

That the valuation of the suit for the relief of declaration is Rs. 200/- on which a fixed Court fee of Rs. 20/- is being paid.

18.

That the valuation of the suit for the relief of permanent injunction is Rupees 130/- on which appropriate Court fee of Rs. 13 is being paid. PRAYER

It is therefore, respectfully prayed that this Hon’ble Court may pass a decree declaring that: (a)

Pass

a

Decree

of

declaration,

declaring

therein

the

individual ¼ share of the plaintiffs and defendants in the suit properties in respect of the joint and equal ownership of the properties detailed hereinabove, is valid and binding on the defendants as shown in the Annexure P-1. (b)

To pass a preliminary decree of partition of the suit properties as per law and the properties may be partitioned by metes and bounds and divided equally between the plaintiffs and defendants i.e.1/4 share of each plaintiff and defendants.

(c)

Pass a final decree of partition for separate allotment and possession of 1/4th share of the plaintiffs each in the suit property directing therein the defendant no.1 & 2 to handover the peaceful vacant possession of the plaintiff’s 1/4th share from the suit property.

(d)

To pass a decree of permanent injunction restraining the defendants their servants, employees, assignees, agents from selling, alienating and /or creating 3 rd party interest or encumbering properties mentioned hereinabove.

(e)

Allow the cost of the suit.

(f)

Pass such other order or order as may deem fit and proper in the facts and circumstances of the case in the interest of justice.

Plaintiffs Through Vikram Singh (Advocate) Ch.No.939-940, Patiala House Courts New Delhi New Delhi Dated: Verification: Verified at Delhi on this……..day of February, 2012 that the contents of para no.1 to para no……..are true and correct to the best of my knowledge and belief and there is no misrepresentation in it and para no……. to para no……are true and correct on the basis of legal advice received by the plaintiffs and the last para is prayer clause to this Hon’ble Court.

Plaintiffs

IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL ORIGINAL JURISDICTION) I.A. No……………of 2012 IN CS(OS) NO. OF 2012 IN THE MATTER OF: Ms. Anjali Dubey & Anr.

… Plaintiffs Versus

Sh. Ram Anuj Dubey & Anr

… Defendants

APPLICATION UNDER ORDER XXXIX, RULE 1 & 2 READ WITH SECTION 151 CPC FOR AD-INTERIM EX-PARTE TEMPORARY INJUNCTION/STAY/STATUS QUO IN FAVOR OF THE PLAINTIFFS.

Most Respectfully Showeth:

1.

That the applicant is the plaintiffs in the accompanying suit for partition, declaration and permanent injunction against the defendants. The contents of the accompanying suit may be read as part and parcel to the present application which are not repeated herein for the sake of brevity.

2.

That the plaintiffs has come to know on 26.02.2012 that the defendant is attempting to dispose off the suit properties by selling the same as the defendant no.2 is showing the suit properties to the dealers and the dealers are continuously visiting to the suit properties and enquiring from the neighbors.

3.

That in case the defendant succeeds in his object to dispose off or create third party interest in the said property then the plaintiffs would suffer irreparable loss and great prejudice

would be caused to the plaintiffs and the damages which can not be compensated in terms of money. The plaintiffs is entitle for a ad-interim ex-parte injunction against the defendants restraining therein the defendants from dispose off the suit properties and create third party interest in the properties mentioned above. 4.

That balance of convenience is lies in favour of the plaintiffs and against the defendant and there is every possibility of the plaintiffs to succeed in the present suit as the plaintiffs has a very good case against on merits against the defendants and is likely to succeed in the suit.

5.

That the plaintiffs will suffer irreparable loss and damages which cannot be compensated in terms of money in case the Ad-Interim

Ex-Parte

Injunction/Stay/Status

Quo

is

not

granted to the plaintiffs/applicant. 6.

That no prejudice would be caused to the defendant in case the

Ad-Interim

Ex-Parte

Injunction/Stay/Status

Quo

is

granted to the plaintiffs/applicant. P R A Y E R It is therefore most respectfully prayed that this Hon’ble Court may graciously be pleased to: a)

Pass an order/direction granting therein the Ad-Interim ExParte

Injunction/Stay/Status

Quo

in

favour

of

the

plaintiffs/applicant restraining therein the defendant his attorney,

legal

heirs,

agents,

servants

from

selling/

alienating, or creating 3rd party interest or encumbering

properties mentioned in the plaint till the final disposal of the present suit. b)

Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.

Plaintiffs Through Vikram Singh & Biswajit Swain (Advocates) Ch.No.939-940, Patiala House Courts New Delhi New Delhi Dated:

IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL ORIGINAL JURISDICTION) I.A. No……………of 2012 IN CS(OS) NO. OF 2012 IN THE MATTER OF: Ms. Anjali Dubey & Anr.

… Plaintiffs Versus

Sh. Ram Anuj Dubey & Anr

… Defendants

AFFIDAVIT

I, Anjali Dubey D/o Ram Anuj Dubey, R/o-661-B, Katra Hardyal, Chandni Chowk, Delhi, aged about ….. years, do hereby solemnly affirm and state as under: 1. That the deponent is the defendant and well conversant with the facts and circumstances of present case and as such competent of swear the present affidavit. 2. That the accompanying application under order-39, rule-1&2 read with Section-151 for ad-interim ex-parte stay/injunction/ status quo is drafted by my counsel upon my instructions and contents thereof are true and correct to best of my knowledge, which are read over to me in vernacular.

Deponent Verification: Verified at Delhi On this

day of March, 2012 that the

contents of above affidavit are true and correct to best of my knowledge and nothing material has been concealed therefrom. Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL ORIGINAL JURISDICTION) CS(OS) NO.

OF 2012

IN THE MATTER OF: Ms. Anjali Dubey & Anr.

… Plaintiffs Versus

Sh. Ram Anuj Dubey & Anr

… Defendants AFFIDAVIT

I, Anjali Dubey D/o Ram Anuj Dubey, R/o-661-B, Katra Hardyal, Chandni Chowk, Delhi, aged about ….. years, do hereby solemnly affirm and state as under: 1. That the deponent is the defendant and well conversant with the facts and circumstances of present case and as such competent of swear the present affidavit.

2. That the accompanying civil suit is drafted by my counsel upon my instructions and contents thereof are true and correct to best of my knowledge, which are read over to me in vernacular.

Deponent Verification: Verified at Delhi On this

day of March, 2012 that the

contents of above affidavit are true and correct to best of my knowledge and nothing material has been concealed therefrom.

Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL ORIGINAL JURISDICTION) I.A. No……………of 2012 IN CS(OS) NO. OF 2012 IN THE MATTER OF: Ms. Anjali Dubey & Anr.

… Plaintiffs Versus

Sh. Ram Anuj Dubey & Anr

… Defendants AFFIDAVIT

I, Vijay laxmi D/o Ram Anuj Dubey R/o-661-B, Katra Hardyal, Chandni Chowk, Delhi , aged about ….. years, do hereby solemnly affirm and state as under: 1. That the deponent is the defendant and well conversant with the facts and circumstances of present case and as such competent of swear the present affidavit. 2. That the accompanying application under order-39, rule-1&2 read with Section-151 for ad-interim ex-parte stay/injunction/ status quo is drafted by my counsel upon my instructions and contents thereof are true and correct to best of my knowledge, which are read over to me in vernacular.

Deponent Verification: Verified at Delhi On this

day of March, 2012 that the

contents of above affidavit are true and correct to best of my knowledge and nothing material has been concealed therefrom. Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL ORIGINAL JURISDICTION) CS(OS) NO.

OF 2012

IN THE MATTER OF: Ms. Anjali Dubey & Anr.

… Plaintiffs Versus

Sh. Ram Anuj Dubey & Anr

… Defendants AFFIDAVIT

I, Anjali Dubey D/o Ram Anuj Dubey, R/o-661-B, Katra Hardyal, Chandni Chowk, Delhi, aged about ….. years, do hereby solemnly affirm and state as under: 1. That the deponent is the defendant and well conversant with the facts and circumstances of present case and as such competent of swear the present affidavit.

2. That the accompanying civil suit is drafted by my counsel upon my instructions and contents thereof are true and correct to best of my knowledge, which are read over to me in vernacular.

Deponent Verification: Verified at Delhi On this

day of March, 2012 that the

contents of above affidavit are true and correct to best of my knowledge and nothing material has been concealed therefrom.

Deponent

IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL ORIGINAL JURISDICTION) CS(OS) NO.

OF 2012

IN THE MATTER OF: Ms. Anjali Dubey & Anr.

… Plaintiffs Versus

Sh. Ram Anuj Dubey & Anr

… Defendants

MEMO OF PARTIES 1. Ms. Anjali Dubey D/o Ram Anuj Dubey R/o-661-B, Katra Hardyal, Chandni Chowk, Delhi 2. Vijay laxmi D/o Ram Anuj Dubey R/o-661-B, Katra Hardyal, Chandni Chowk, Delhi

… Plaintiffs Versus

1. Sh. Ram Anuj Dubey, S/o Late Sh. Rajpati Dubey, R/o-Sonia Vihar, Pocket-I, Block-C, Shahdara, Delhi 2. Ms. Manju Dubey D/o Ram Anuj Dubey R/o-C-3/3167, Vasant Kunj, New Delhi-70

… Defendants

Plaintiffs Through Vikram Singh & Biswajit Swain (Advocates) Ch.No.939-940, Patiala House Courts New Delhi New Delhi Dated:

IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL ORIGINAL JURISDICTION) CS(OS) NO.

OF 2012

IN THE MATTER OF: Ms. Anjali Dubey & Anr.

… Plaintiffs Versus

Sh. Ram Anuj Dubey & Anr

… Defendants

APPLICATION UNDER SECTION - 151 CPC, FOR EXEMPTION FROM FILING ORIGINAL DOCUMENTS ON BEHALF OF THE PLAINTIFFS.

MOST RESPECTFULLY SHOWETH:

1. That the applicant is the plaintiff in the accompanying suit for declaration,

partition,

separete

plaintiffs

are

possession,

and

permanent

injunction. 2. That

the

unable

to

file

the

original

documents/annexures with the present suit as such the original documents pertaining to the immoveable suit property as mentioned in the suit. It is submitted herein that the plaintiffs are not in the possession of the original documents, however, the original documents are in the power and possession of the defendant no.1.

3. That the great prejudice would be caused to the plaintiffs in case the exemption from filing the original documents is not allowed.

P R A Y E R It is therefore most respectfully prayed that this Hon’ble Court may graciously be pleased to: a) Allow the application of the plaintiffs as the original documents are in the power & possession of the defendant no.1 to 3. b) Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.

Plaintiffs Through Vikram Singh & Biswajit Swain (Advocates) Ch.No.939-940, Patiala House Courts New Delhi New Delhi Dated:

IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL ORIGINAL JURISDICTION) CS(OS) NO.

OF 2012

IN THE MATTER OF: Ms. Anjali Dubey & Anr.

… Plaintiffs Versus

Sh. Ram Anuj Dubey & Anr

… Defendants

LIST OF RELIANCE

1.

Original of documents, photocopies which have already been placed on record.

2.

Original of the letters, receipts, Notices, photocopies which have already been placed on record.

3.

Any other documents with the permission of this Hon’ble as may be found during the pendency of present suit.

Plaintiffs Through Vikram Singh & Biswajit Swain (Advocates) Ch.No.939-940, Patiala House Courts New Delhi New Delhi Dated:

IN THE HIGH COURT OF DELHI AT NEW DELHI (CIVIL ORIGINAL JURISDICTION) CS(OS) NO.

OF 2012

IN THE MATTER OF: Ms. Anjali Dubey & Anr.

… Plaintiffs Versus

Sh. Ram Anuj Dubey & Anr

… Defendants

Urgent Application

To, The Registrar, Delhi High Court, At New Delhi.

Sir, Kindly treat the accompanying suit as urgent one as per the rules and regulations of Delhi High Court. The ground of urgency is as under: Urgent relief is sought for ad interim ex-parte stay against the defendants.

Plaintiffs Through Vikram Singh & Biswajit Swain (Advocates) Ch.No.939-940, Patiala House Courts New Delhi New Delhi Dated: