CIVIL PLEADINGS

(1)Plaint

In the court of Civil Jude (S.D.) Varanasi

Original suit no . of 2018
Kishore Kumar a/a 49 years S/o Late Sunder Das r/o House o. B. 20/40, Mohalla
Bhelupur, Varanasi.
---------Plaintiff
Vs.
1- Kumar a/a 48 years S/o Late Sunder Das r/o House no. B. 20/40, Mohalla
Bhelupur, Varanasi.
2- Kalawati Devi a/a 75 years W/o Late Sunder Das both R/o House no. B. 20/40,
Bhelupur, Varanasi.
3- Bhawna a/a 40 years W/o Sri. Mahesh Kumar D/o Late Sunder Das r/o House
no. 200 Shyama Building Gorakhnath Lane Patna.
------Defendants
The Plaintiff submits as under:-
1- That the pedigree given below will clear the relation of the plaintiff &
defendants and will sufficiently help the Hon’ble court for proper decision .
Pedigree
Sunder Das (Expired on 20-01-2016)
W Kalawati Devi
(Deft no. 2)

2- That previously there was joint family of plaintiff and defendants no. 1 to 3 &
Sunder Das (Deceased). The said Sunder Das was the father of the plaintiff
and defts no. 1 & 3 & husband of deft no. 2
3- That the aforesaid Sunder Das who was the Karta of the said family with the
fund of joint family purchased house no. B. 20/40, Mohalla Bhelupur,
Varanasi with self and other bothers Hotechand Khattar (Now deceased) and
Muralidhar Khattar (Now Deceased) through a registered sale deed dated
16-10-1960 from his previous owner Shailendra Kumar & others which is
registered in the office of the Sub-Registrar Varanasi in Bahi no. 1 Volume
 no. 4250 at pages no. 4260 at 29-10-1960. As such the aforesaid Sunder
Das was the co-owner & 1/3 undivided share in the said house no. B. 20/40,
Mohalla Bhelupur, Varanasi and his name was entered as co-owners with
other co-owner in the assessment register with other co-owner of the said
house.
4- That thereafter Sunder Das expired on 24-07-2016 leaving behind her wife
Kalawati Devi (Defendant no. 2) two sons namely Kishore Kumar (plaintiff) &
Kumar (Deft. no. 1) and one daughter namely Bhawna (Deft. no. 3) as his
heirs and legal representatives.
5- That it is material to note here that the marriage of Bhawna i.e. Deft. no. 3
was solemnized with Manoj Kumar in the life time of her father Sunder Das
and the said Sunder Das had given everything to her aforesaid daughters at
the time of her marriage and after marriage the aforesaid Bhawna is residing
with her husband family & happy with her family and the has no right at all or
any share in the said house and she had surrendered her legal share in the
aforesaid house in favour of her brothers i.e. plaintiff and defendant no. 1.
6- That it is pertinent to mentioned here that the Kalawati Devi is a/a --- years
and she had already surrendered her share in the said property in favour of
her sons i.e. plaintiff & defendant no. 1 so the defendants no. 2 & 3 had
already surrendered there ownership right in favour of the plaintiff and deft.
no. 1 and their have no claim of owners help or any other kind as such there
is no joint family between the parties.
7- That the dispute arose between the plaintiff and defendant no. 1 in respect of
repairing, maintenance payment of taxes etc. so the plaintiff & defendant no.
1 separated their mess etc. & joint family also end.
8- That it is material to note here that oral partition was made between the
plaintiff and defts no. 1 to 3 on 15-02-2017 and according to the oral partition
the plaintiff became the co-owner of ½ share in the said house no. B. 20/40
details of when has been given in Schedule ‘A’ in the plaint and the plaintiff is
the sale owner of the said property and on the basis of the said oral partition
t. 15-02-2017 the deft. no. 1 became the sole owner of property mentioned in
schedule “B” of the plaint and he is the sole owner of the said house and
thereafter a memorandum of family settlement was executed between the
plaintiff and the defts no. 1 to 3 on the basis of oral partition on 20-02-2017.
As such the plaintiff and deft. no. 1 is the owner of his owned property and
they are utilizing the same.
9- That on the basis of oral partition dt. 15-02-2017 and there from
memorandum of family settlement the name of plaintiff and deft. no. 1. could
not be entered as owner over the said house in the assessment register
other Govt. records.
10-That the plaintiff requested the deft. no. 1 for giving his consent for mutation
of the name of the plaintiff separately in the nagar Nigam, is but the deft. no.
1 refused to gave his consent in writing due to which the plaintiff is suffering
many problems for reparing and payment taxes etc. for his owned property
and due to on cooperation by deft. no. 1 the plaintiff is suffering sufficient loss
for using his owned property.
11-That on the plaintiff requested the deft. no. 1 to give his consent for mutation
of the plaintiffs property i.e. Schedule ‘A ‘ but the deft. no. 1 refused the same
and thereafter the plaintiff several time requested the deft. no. 1 for the
same but the defendant no. 1 always refused and thereafter on 20-04-2018
the plaintiff lastelly tried to get consent by the deft. no. 1 but he refused the
same so the plaintiff has no any other option to file this suit for declaration as
owner of his property Schedule ‘A’.
12-That the defendant no. 2 & 3 has no right a toll in the said property in the
plaintiff made them only as confirming party as profarma party and there is
no any claim/relief against the deft. no. 2 & 3 in the plaint but if they contents
the said suit in that case the plaintiff will relies all the expenses.
13-That the plaintiff on the basis of oral partition of the memorandum of family
settlement dated 15-02-2018 the plaintiff is in actual possession of the
property mentioned in Schedule ‘A’ as such the aforesaid suit is being file for
declaration only and there is no relief for possession.
14-That the cause of action arose on 20-03-2018 and lastly on 20-04-2018 when
the deft. no. 1 lastly refused the game the for mutation of plaintiffs property
schedule ‘A’ in the assessment registered in Nagar Nigam, Varanasi. “Arose
on the jurisdiction of the Hon’ble court”.
15-That the disputed property is in local limit of Nagar Nigam, Varanasi and the
parties are residing in the local limit of Nagar Nigam, Varanasi as such this
Hon’ble Court has jurisdiction to try this case.
16-That the valuation of the suit for purposes of the valuation is Rs. 4,00,000/- is
fixed and the fixed court’ fee of Rs. 5000/- is being paid for declarity decree.
17-That the plaintiff prays for following relief.
(A) That by declartity decree it be declare that on the basis of oral
partition/memorandum of family settlement dated 15-02-2018 executed
between the plaintiff and deft. no. 1 2 & 3 the plaintiff is the sole owner of
property mentioned a schedule “A” of the plaint and he is in possession of
the said property.
valued as Rs. -------------
(B) That the cost be awarded against the defendant no. 1 that any other relief
which be Hon’ble court be deemed to be proper and feet for the plaintiff,
decree of which be also awarded in favour of the plaintiff against the
defendant no. 1.
Schedule ‘A’
Detail of property owned by plaintiff
One ½ half portion of house no. B. 20/40, Mohalla Bhelupur, Varanasi
area 500 sq.ft. bounded as below:
East:
West:
 North:
South:
Schedule ‘B’
Detail of property owned by plaintiff by deft. no. 1
One ½ half portion of house no. B. 20/40, Mohalla Bhelupur, Varanasi
area 500 sq.ft. bounded as below:
East:
West:
North:
South:

Prayer
The plaintiff humbly and most respectfully prays to the court to declare him as
the owner of the property and any other relief as the court may deem fit and
proper.

Place………

Date……….. Signature of plaintiff

Signature of advocate

Verification
I, Kishore Kumar the plaintiff do hereby verify that the contents of the plaint from para
1to 17 are true and correct to best of my knowledge and personal belief. Nothing has
been concealed therein.

Place……….
 Date…………. Signature of plaintiff

Signature of the advocate

Affidavit

In the court of Civil Jude (S.D.) Varanasi

Original suit no . of 2018
Kishore Kumar a/a 49 years S/o Late Sunder Das r/o House o. B. 20/40, Mohalla
Bhelupur, Varanasi.
---------Plaintiff
Vs.
1- Kumar a/a 48 years S/o Late Sunder Das r/o House no. B. 20/40, Mohalla
Bhelupur, Varanasi.
2- Kalawati Devi a/a 75 years W/o Late Sunder Das both R/o House no. B. 20/40,
Bhelupur, Varanasi.
3- Bhawna a/a 40 years W/o Sri. Mahesh Kumar D/o Late Sunder Das r/o House
no. 200 Shyama Building Gorakhnath Lane Patna.
------Defendants
I, Kishore Kumar a/a 49 years S/o Late Sunder Das r/o House o. B. 20/40, Mohalla
Bhelupur, Varanasi do hereby affirms as follows that the plaintiff is fully acquainted with
the fact and circumstances of the case and the proforma attached with the application
contains the true fact. The statement made above are true and nothing has been
concealed
 Verification
I, Kishore Kumar a/a 49 years S/o Late Sunder Das r/o House o. B. 20/40, Mohalla
Bhelupur, Varanasi.do hereby verify that the contents of this affidavit are true and
correct to best of my knowledge and personal belief. Nothing has been concealed
therein.

Place……….
Date…………. Signature of Plaintiff

Signature of the advocate