IN THE COURT OF ADDITIONAL CIVIL JUDGE (SENIOR DIVISION)

BILASPUR

1. Nisaar Ali aged about

2. Sattar Ali aged about

3. Mahboob Ali aged about

4. Rafiq Ali aged about sons of Mustak Ali son of Asmail aged about

years, R/o Village Sadhaura, Sub Tehsil Sadhaura, Tehsil

Bilaspur, Distt. Yamunanagar

Plaintiffs

Versus

Muncipial committee Sadhora through its secretary Village Sadhora

sub Tehsil Sadhora Disst. Yamunanagar

Defendant

Suit for Declaration to the effect that notice

bearing serial no. 872/MCS Dated 22.10.2021 issued

by defendant to plaintiff no. 1 is illegal, null, void and

not binding upon the rights of plaintiff and for

 Permanent Injunction restraining the defendants

from demolishing the constructed shop and

residential house of plaintiffs over land comprising in

khewat no. khatoni no. khasara no. 18//4, 7/2

situated at Village Sadhaura, Tehsil Sadhaura, Distt.

Yamunanagar illegally and forcibly, by themselves

through their agents or representative in any other

manner what so ever.

Sir,

The plaintiff respectfully submits as under:-

1. That the plaintiff is permanent resident of above said address

and a peace loving and law abiding citizen of the India.

2. That on dated 08.03.1994, father of plaintiff Mustak Ali had

purchased 1 kanal land comprising in khasra no. 18//4, 7/2 from

its previous owner Shri Rupinder Singh son of Jashmer Singh

resident of Village Sadhoura Distt. Yamunagar, in the shape of

plot with the dimension east 13 karm, west 25 karm, north 10

karm, south 8 karm, for a total consideration of Rs 16000 wide

registered sale deed dated 08.03.1994. At the time of execution

 above said sale deed previous owner Rupinder Singh had

delivered the actual physical possession of above stated suit

property in favour of father of plaintiffs. Copy of registered sale

deed is attached herewith as Annexure A

3. That thereafter father of plaintiff put the earth over the suit

property and constructed a shop and residential house over the

suit land in the year 1994. After the death of father of plaintiffs,

plaintiffs steeped into the shoe of their father and suit property

inherited by plaintiffs in equal share as such plaintiffs are co

sharers in the suit property and plaintiffs are in actual physical

possession over the suit property and they have got every right,

title and interest to protect the suit property from the illegal act

of the defendant.

4. That there is a passage bearing no. 168 adjudication to the suit

property as shown in the site plan of revenue department. The

said passage is running at the spot without any hindrance and

there is no encroachment has been done by plaintiffs in any

manner. Moreover, defendant has number of times constructed

the said street and also constructed a nala along with the suit

property but since the year 1994 defendant has never raised any
 objection to plaintiffs. Copy of site plan of revenue department

is attached here with as Annexure B.

5. That plaintiffs have not encroached any inch of land belongs to

defendant. But defendant has alleged that on demarcation

plaintiffs are found in illegal possession over the khasra no. 151.

It is pertinent to mention here that no demarcation, if any, is

conducted in the presence of plaintiffs, and any prior notice was

given to plaintiffs in respect of any demarcation. The alleged

demarcation, if any, is absolutely illegal and wrong as per the

factual position of the suit property because of the fact that

defendant has themselves constructed a temple behind the

property of plaintiff and various houses have been constructed

behind the row of suit property. In case said illegal demarcation,

if any, presumed to be correct, in that situation more than 100

houses will be illegally demolished due to the illegal act of

defendant. Moreover, site plan of several houses was sanctioned

by defendant so that notice served by defendant is absolutely

illegal, null and void and not binding upon the rights of plaintiffs.

6. That now defendant has issued a notice bearing serial no.

872/MCS Dated 22.10.2021 to plaintiff no. 1 and stated that

plaintiff no. 1 is in illegal possession of land measuring 613 sq

 feet comprising in khasra no. 151. Plaintiffs astonished to

receive the above said legal notice from defendant and inquired

the matter from patwari of Village Sadhaura and obtained the

site plan of Village Sadhoura and found that there is no passage

bearing khasra no. 151 adjacent the land of plaintiffs but a

passage bearing khasra no. 168 is running at the spot without

any hindrance any corner with the width of 22 feet and the

same is situated adjacent to the suit property. Since Khasra no.

151 is not situated nearby to the property of plaintiffs so that

question of encroachment by plaintiffs does not arise at all.

7. That defendant is stanger qua the suit property and have no

right to demolish the shop and residential house of plaintiffs

constructed over suit land, but defendant is adamant to achieve

their illegal mission and evil design by demolishing the same, for

which defendant has got no right, title and authority to do so.

8. That thereafter plaintiffs approached to defendant and show all

the relevant documents regarding the suit property as well as

passage stated above but defendant did not pay any heed on

the just and genuine request of plaintiffs and threatened and

that defendant will demolish the shop and residential house of

plaintiff on the basis of illegal demarcation report.

9. That yesterday some official of defendant came to the suit

property and tried to demolish the shop and residential house of

plaintiffs, on which plaintiffs have requested not to demolish the

same and again shown their documents regarding the suit

property but official of defendant flatly refused to listen the

plaintiffs. The situation was timely saved by intervention of

respectable otherwise official of defendant demolish the shop

and residential house of plaintiffs. While leaving the spot official

of defendant openly threatened to plaintiffs that they will

demolish the shop and residential house of plaintiffs constructed

over suit property, as and when they will find opportunity.

Hence this suit.

10. The cause of action to file the instant suit firstly when

defendant has issued illegal notice dated 22.10.2021 and

thereafter when the official of defendant came at the spot and

tried to demolish shop as well as residential house of plaintiffs

forcibly and illegally, at Village Sadhaura, Sub-Tehsil Sadhaura,

Tehsil Bilaspur, District Yamunanagar within the territorial

jurisdiction of this Hon’ble court.

 11. That no litigation between the parties for the suit property

or for present cause of action is pending or decided by any court

of law.

12. That the valuation of the suit for purpose of court fee and

jurisdiction is Rs. 200/- and court fee of Rs. 25/- is affixed on

the plaint.

13. That relevant documents are attached for kind perusal of this

hon’ble court.

It is, therefore, respectfully prayed that suit of

the plaintiff for Declaration to the effect that notice bearing

serial no. 872/MCS Dated 22.10.2021 issued by defendant to

plaintiff no. 1 is illegal, null, void and not binding upon the rights

of plaintiff and for Permanent Injunction restraining the

defendants from demolishing the constructed shop and

residential house of plaintiffs over land comprising in khewat no.

khatoni no. khasara no. 18//4, 7/2 situated at Village

Sadhaura, Tehsil Sadhaura, Distt. Yamunanagar illegally and

forcibly, by themselves through their agents or representative in

any other manner what so ever, may kindly be decreed in favour

of the plaintiff against the defendants with cost of the suit.

 Any other relief in addition to or in alternative which

this hon’ble court may deem just and proper may also be

granted to the plaintiff.

Plaintiffs No. 1 to 4
Through Counsel
Dilpreet Singh Ghumman Advocate
Verification:-
Verified that the contents of above noted plaint are correct to
the best of my knowledge and belief and nothing has been concealed
therein. Verified at Bilaspur on
Plaintiff
 IN THE COURT OF ADDL. CIVIL JUDGE (S.D), BILASPUR

Nissar Ali and ors vs. Muncipal Committee

Suit for Declaration and Permanent Injunction

AFFIDAVIT

I, Nissar Ali son of aged about years, R/o Village Sadhaura, Sub Tehsil
Sadhaura, Tehsil Bilaspur, Distt. Yamunanagar, (deponent) do hereby
solemnly affirm and declare as under:-

1. That the contents of the above suit for permanent Injunction are true
and correct to the best of my knowledge and belief. Nothing has been
concealed and no part of it is false.
2. That contents of the above said suit for permanent Injunction may
kindly be read as part and parcel of this affidavit.

Deponent

Verification:-

Verified that the contents of the above affidavit are true and correct

to the best of my knowledge and belief and nothing has been concealed

therein. Verified at Bilaspur

Deponent
 IN THE COURT OF ADDL. CIVIL JUDGE (S.D), BILASPUR

Nissar Ali and ors vs. Muncipal Committee

Suit for permanent Injunction

Application u/o 39, Rule 1 & 2 read with section 151 C.P.C. for grant of ex-
parte & ad interim injunction

R/Sir,
The plaintiff respectfully submits as under:-

1. That the plaintiffs have filed the above suit in this court giving
true and detail facts therein, the contents of which may kindly
be read as a part and parcel of this application.
2. That plaintiffs are owner in possession over the suit property
and have constructed shop and residential house over it.
3. That now defendant has issued a notice bearing serial no.

872/MCS Dated 22.10.2021 to plaintiff no. 1 and stated that

plaintiff no. 1 is in illegal possession of land measuring 613 sq

feet comprising in khasra no. 151. Plaintiffs astonished to

receive the above said legal notice from defendant and

inquired the matter from patwari of Village Sadhaura and

obtained the site plan of Village Sadhoura and found that

there is no passage bearing khasra no. 151 adjacent the land

of plaintiffs but a passage bearing khasra no. 168 is running

at the spot without any hindrance any corner with the width
 of 22 feet and the same is situated adjacent to the suit

property. Since Khasra no. 151 is not situated nearby to the

property of plaintiffs so that question of encroachment by

plaintiffs does not arise at all.

4. That defendant is stanger qua the suit property and have no

right to demolish the shop and residential house of plaintiffs

constructed over suit land, but defendant is adamant to

achieve their illegal mission and evil design by demolishing

the same, for which defendant has got no right, title and

authority to do so.

5. That thereafter plaintiffs approached to defendant and show

all the relevant documents regarding the suit property as well

as passage stated above but defendant did not pay any heed

on the just and genuine request of plaintiffs and threatened

and that defendant will demolish the shop and residential

house of plaintiff on the basis of illegal demarcation report.

6. That in view of the circumstances mention above it is very much

necessary that the defendant might be restrained from achieving
their above said illegal act during the pendency of the suit. Hence
this application.

It is therefore most respectfully prayed that ex-parte ad-

interim Injunction may kindly be granted in favour of plaintiffs
restraining the defendant from from demolishing the constructed
 shop and residential house of plaintiffs over land comprising in khewat
no. khatoni no. khasara no. 18//4, 7/2 situated at Village Sadhaura,
Tehsil Sadhaura, Distt. Yamunanagar illegally and forcibly, by
themselves through their agents or representative in any other manner
what so ever during the pendency of instant suit , in the interest of
justice.

Applicants/Plaintiffs no. 1 to 4
Through counsel
Advocate
Verification:-
Verified that the contents of the above application are true and
correct to the best of my Knowledge and nothing has been concealed
therein. Verified at Bilaspur On
Applicants/Plaintiffs
 IN THE COURT OF ADDL. CIVIL JUDGE (S.D), BILASPUR

Nissar Ali and ors vs. Muncipal Committee

Suit for permanent Injunction

Application u/o 39, Rule 1 & 2 read with section 151 C.P.C. for ad interim
injunction
Affidavit
I, Nissar Ali son of aged about years, R/o Village Sadhaura, Sub Tehsil
Sadhaura, Tehsil Bilaspur, Distt. Yamunanagar, (deponent), do hereby
solemnly affirm and declare as under:-
1. That the contents of the above application are true and correct to the
best of my knowledge and belief. Nothing has been concealed and no
part of it is false.
2. That contents of the above said application may kindly be read as
part and parcel of this affidavit.

Deponent
Verification:-
Verified that the contents of the above affidavit are true and correct
to the best of my knowledge and belief and nothing has been concealed
therein. Verified at Bilaspur
Deponent