MODULE: DRAFTING, PLEADING AND CONVEYANCE

MODULE LEADER: DR. VRUSHTI PATEL

PERMANENT INJUNCTION

SUBMITTED BY: AYUSHI BODE

ENROL NO.: 312018031

BBA-LLB 2018-23
 BEFORE THE SENIOR CIVIL JUDGE OR DISTRICT JUDGE AT SURAT

CIVIL SUIT NO. 123 OF 2022

IN THE MATTER OF:

Mr. X PLAINTIFF

VERSUS

Mr. XYZ Builders DEFENDANT

PERMANENT INJUNCTION APPLICATION UNDER SECTION 38 OF SPECIFIC

RELIEF ACT

MOST RESPECTFULLY SHOWETH:

1. The instant application has been filed by plaintiff for grant of permanent injunction
restraining the defendant from alienating or mutating the suit property which is in the
name AND possession of plaintiff.
2. That the disputed property has been unlawfully kept out of possession of the plaintiff.
3. That the plaintiff bought a plot in Palsana on 10 th of October, 2022 bearing registration
no. 123-AXXX. He wants to make a house there for his family. After a week he went to
see the plot, there were boundaries made by someone and it was written that the said
property belongs to defendant. The plaintiff is the absolute owner in possession of the
said property, he has all the papers and has acquired the Suit property through a registered
sale deed dated 20th October, 2022 executed by Mr. Raj Shah. However, the defendant
 came to the above said premises of the plaintiff and claim he is the owner of the suit
property and he will start construction soon.
4. That the plaintiff contended that that the defendant is trying to alienate the suit property
and boundaries were already made and map also sticked on the suit property. Therefore,
they be restrained.
5. The above facts prima facie establishes the fact that there was an illegal construction
made and illegally obtained possession by defendant on the land of which is in the
possession of plaintiff.
6. That the suit property is the only land which in the possession of the plaintiff and
dispossession would lead to unparallel hardships.
7. Irreparable damages will be caused which wouldn’t be compensated in monetary terms.
8. That no suit has been instituted against the defendants on the same or similar cause of
action in any other court including High Court and Supreme Court of India.
9. That the parties to the suit for the purpose (s) of court fee and jurisdiction is Rs. 1000/- on
which the requisite court fee has affixed.
10. That the suit property is situated within the Jurisdiction of this Hon'ble Court. Having
regard to the cause of action, narrated above, this Hon'ble Court has the Jurisdiction to
entertain any try this suit.

PRAYER
a) That to pass the decree for Permanent Injunction in favour of plaintiff and against the
defendant thereby restraining the defendants, their employees, agents etc. from
dispossessing the plaintiff and remove the illegal and unauthorized construction over the
suit land owned and possessed by the plaintiff.
b) That maintain the status quo till the ownership of this present disputed land is not
clarified by court.
c) That to award the cost of the suit in favour of the Plaintiff and against the defendants,
d) Pass such other and further order(s) as may be deemed fit and proper on the facts and in
the circumstances of this case.
Place: Surat
Date: 26th November, 2022
Mr. X
Through Advocate
Ayushi Bode
 VERIFICATION

Verified at Surat on this 26th Day of November, 2022 that the contents of paras 1 to 10 of the
plaint are true to my knowledge derived from the records of the Plaintiff maintained in the
ordinary course of its business, those of paras 1 to10 are true on information received and
believed to be true and last para is the humble prayer to this Hon’ble Court.

Mr. X
 AFFIDAVIT

I, Mr. X, do hereby solemnly affirm and declare as under: -

1. That the accompanying plaint has been drafted under my instructions. For the sake of
brevity, the contents of plaint are not being reproduced hereunder in this affidavit.
However, the contents of the plaint may kindly be read as part and parcel of this affidavit.
2. That the contents of paras 1 to 10 of the plaint are correct and true to the best of my
knowledge and paras 1 to 10 are believed to be correct being legal advice given by the
counsel.
3. That I further solemnly affirm and declare that the contents of this affidavit of mine are
correct and true and no part of it is false and nothing material has been concealed therein.

WHATEVER stated above is true and correct to the best of my knowledge and belief, and so
I have signed hereunder at Surat

Mr. X
Through Advocate
Ayushi Bode