IN THE HON'BLE COURT OF SR.

CIVIL JUDGE,
TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. OF 2008

IN THE MATTER OF :-

SH. GOPAL KHARI ………………PLAINTIFF

VERSUS

SH. KRISHAN KUMAR & ORS. ……………DEFENDANTS

INDEX

SN Particulars Pages C.F.

1. Memo of Parties A
2. Suit for Permanent and 1-18
Mandatory Injunction
alongwith affidavit of
the plaintiff in support.
3. Application U/o XXXIX 19-25
Rule 1&2 read with
section 151 CPC alongwith
affidavit of plaintiff in
support.
4. Application Under section 26-33
80(2) CPC R/w Section 140
of D.P. Act and Section
478 D.M.C. Act alongwith
affidavit in support.
5. Address Form 34
6. List of documents 35-
alongwith documents
7. Vakalatnama
8. Duplicate set duly signed
by the plaintiff.

REPRESENTED IN THE COURT BY:-

(RAKESH TANWAR, VIKAS

ROHTAGI & SUNIL KUMAR )
For TANWAR & ASSOCIATES
ADVOCATES
PLACE:-DELHI CH.NO.V-32,TEHSIL LANE,
DATED:-13/12/2008 TIS HAZARI COURTS,DELHI
 IN THE HON'BLE COURT OF SR. CIVIL JUDGE,
TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. OF 2008

IN THE MATTER OF :-

SH. GOPAL KHARI ………………PLAINTIFF

VERSUS

SH. KRISHAN KUMAR & ORS. ……………DEFENDANTS

MEMO OF PARTIES

SH. GOPAL KHARI

S/O SH. INDER SINGH,
R/O HOUSE NO. WP-174,
WAZIRPUR VILLAGE
DELHI-110052. ………………PLAINTIFF

VERSUS

1. SH. KRISHAN KUMAR

S/O SH. SUBHASH
R/O D-44, KAMLA NAGAR,
DELHI-110007.

2. SH. MANIK LAL JAIN

S/O SH. KALYAN SINGH,
R/O C-202, VIVEK VIHAR,
NEW DELHI.

3. SH. TARAN JAIN,

S/O SH. ANIL JAIN,
R/O A-88, KAMLA NAGAR,
NEW DELHI.
4. MUNICIPAL CORP. OF DELHI
THROUGH ITS COMMISSIONER,
TOWN HALL, CHANDNI CHOWK,
DELHI-110006.

5. STATION HOUSE OFFICER,

POLICE STATION ROOP NAGAR,
NEW DELHI-110007. ……………DEFENDANTS

PLAINTIFF
GOPAL KHARI

REPRESENTED IN THE COURT BY:-

(RAKESH TANWAR, VIKAS

ROHTAGI & SUNIL KUMAR )
For TANWAR & ASSOCIATES
ADVOCATES
PLACE:-DELHI CH.NO.V-32,TEHSIL LANE,
DATED:-13/12/2008 TIS HAZARI COURTS,DELHI
 IN THE HON’BLE COURT OF SR. CIVIL JUDGE,
TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. OF 2008

IN THE MATTER OF :-

SH. GOPAL KHARI

S/O SH. INDER SINGH,
R/O HOUSE NO. WP-174,
WAZIRPUR VILLAGE
DELHI-110052. ………………PLAINTIFF

VERSUS

1. SH. KRISHAN KUMAR

S/O SH. SUBHASH
R/O D-44, KAMLA NAGAR,
DELHI-110007.

2. SH. MANIK LAL JAIN

S/O SH. KALYAN SINGH,
R/O C-202, VIVEK VIHAR,
NEW DELHI.

3. SH. TARAN JAIN,

S/O SH. ANIL JAIN,
R/O A-88, KAMLA NAGAR,
NEW DELHI.

4. MUNICIPAL CORP. OF DELHI

THROUGH ITS COMMISSIONER,
TOWN HALL, CHANDNI CHOWK,
DELHI-110006.

5. STATION HOUSE OFFICER,

POLICE STATION ROOP NAGAR,
NEW DELHI-110007. ……………DEFENDANTS
 SUIT FOR PERMANENT AND
MANDATORY INJUNCTION

MOST RESPECTFULLY SHOWETH :-

1. That the plaintiff is the lawful

occupant in the portion of the

property bearing no. A-43, Ground

Floor, Kamla Nagar, Delhi-110007 and

running a sweet shop under the name

and style of M/s Gopal Sweets from the

said premises from last several years.

2. That the plaintiff is filing the

present suit against the defendants in

respect of first floor and second

floor of the built up property in A-

43, Kamla Nagar, Delhi-110007,

hereinafter referred to as the “suit

property” more popularly described in

the site plan, which has been annexed

herewith as Annexure “P-1” .

3. That the defendant no. 1 to 3 are

the influential builders of the area

engaged in the business of developing

 commercial complexes, residential

apartments etc. and have purchased the

first floor and second floor of the

suit property few months back. The

defendant no. 4 is the Municipal

Corporation of Delhi responsible for

civic maintenance and other related

works of Delhi. The defendant no. 5

is the Station House Officer of the

Police Station Roop Nagar under whose

jurisdiction law and order situation

of the area of suit property pertains.

4. That the plaintiff became the owner

of the portion of the suit property

vide sale deed dated 24/03/2000 duly

registered at Sub-Registrar, Delhi.

The copy of the said sale deed is

annexed herewith as Annexure P-2 . The

brief factual matrix necessitating the

filing of the present suit are as

follows:-

5. That the defendant no. 1 to 3 are

the influential builders of the area

 where the suit property is situated

and used to purchase old structured

building for developing commercial

complex, residential apartments and

involved in the business of the Real

Estate Development.

6. That few days back the defendant no.

1-3 encroached the entire internal

balconies of the suit property and

started raising unauthorised

construction. The said construction

was initialized by erecting pillars

and beams by encroaching the internal

balconies of 1st floor and 2nd floor.

The defendant no. 1 to 3 also started

demolishing the internal structure of

the building without taking care of

the old structure of the building. It

is not out of the place to mention

here that the structure of the

building is almost 50 years old and

keeping in view this fact it is

necessary to obtain the consent and

 permission of the other occupants of

the building. Moreover, the defendants

not even bothered about taking

permission from the MCD i.e. defendant

no. 4 or not even obtained or applied

for any sanction plan or got approved

any map of the suit property before

commencing any construction.

7. The said unauthorised construction

is posing constant threat to the old

structure of the building as the

defendants are not taking due care as

required for construction of this type

of structures. It is also pertinent

to mention here that the defendant no.

1 to 3 encroached the entire internal

balconies in sheer violation of MCD

bye-laws thereby obstructing the

entire ventilation facility of the

building.

8. The said unauthorised construction/

encroachment is raised against the law

of the land and is also threatening

 the life of the other occupants

including plaintiff and the general

public as the old structure of the

building of the suit property can

collapse at any stage due to such

improper unauthorised construction/

encroachment.

9. That the plaintiff and the other

occupants contacted and requested to

stop unauthorised construction

initiated by the defendant no. 1 to 3

but they showed their influence and

declined the requests.

10. That the plaintiff contacted the

police officials by dialing 100 Nos.

but they also refused to take action.

The plaintiff personally approached

the SHO of the area but he had not pay

any heed to the request of the

plaintiff.

11. That the act of the plaintiff erred

the defendant no. 1-3 and they

 threatened the plaintiff of dire

consequences. When the plaintiff

intimated them he will approach the

concern MCD office, the defendant No.

1-3, threatened the plaintiff to

eliminate the plaintiff alongwith his

other family members.

12. That the defendant no. 5 is acting

under the influence of defendant no. 1

to 3 and not taking any action against

them as required under the law.

13. That the defendant no. 1-3 are not

controlling and stopping their

mischievous activity and thereby

encroaching the internal balconies and

other portions of the suit property by

raising unauthorised and illegal

construction continuously.

14. That the plaintiff has forwarded a

complaint dated 01/12/2008 to the

vigilance department of the MCD

regarding the said unauthorised and

 illegal construction of the defendant

no. 1-3 in connivance with the

defendant no. 5. Copy of the

complaint is annexed herewith as

Annexure P-3 . The copy of the said

complaint was also sent to

commissioner MCD, SHO Roop Nagar. The

plaintiff submits that despite the

said complaint no action has been

initiated till date. The plaintiff is

unable to figure out the casvatory

factor of such negligence and

arrogance on the part of the defendant

no. 4 and 5 as they are not acting in

pursuance of their duties and

endangering the life of the general

public and other occupants of the suit

property including the plaintiff.

15. That the plaintiff further submits

that he and his other staff members

are facing constant threat from the

defendant no. 1-3 as well as from the

on going illegal construction as it

 can be a root cause of the collapse of

the suit property at any time.

16. That the plaintiff further submits

that the defendant no. 1 and 2 have

raised unauthorised and illegal

construction on the suit property and

further intended to raise more

unauthorised and illegal construction

despite the recent directions given by

the Hon’ble Supreme Court and High

Court of Delhi regarding removal/

demolition of unauthorised construc-

tion by the defendant no. 4.

17. That the said unauthorised and

illegal construction and encroachment

raised by the defendant no. 1-3 is

still in existence and has not been

removed by them despite repeated

requests and complaints made by the

plaintiff.

18. That the plaintiff is filing certain

photographs for the perusal of this

 Hon'ble Court showing and depicting

the on-going illegal/unauthorised

construction, which are relevant to

the present suit. The said

photographs are annexed herewith as

Annexure P-4(Colly) .

19. That the plaintiff has served the

statutory notice U/s 80 CPC upon the

defendant no. 4 and 5. It is stated

that after having knowledge of the

service of notice U/s 80 CPC, the

defendant no. 1-3 have started raising

construction day and night by engaging

more labourers. Due to the urgency,

the plaintiff is not in position to

wait for completion of statutory

period of six days for filing the

suit, hence, an application U/s 80 (2)

CPC is being filed for waiver of

statutory period. Copy of the notice

and postal receipts are annexed

herewith as Annexure P-5(Colly) .

20. That from the said unauthorised and

illegal construction raised by the

defendant no.1-3 in the suit property,

the easement rights of the plaintiff

have been infringed and in case if the

said unauthorised/illegal construction

is not stopped and demolished, further

easement rights of plaintiff shall be

infringed.

21. That the plaintiff has no other

efficacious remedy available with him

except to file the present suit.

22. That the plaintiff respectfully

submits that the impugned acts of the

defendant are nothing but:-

A. An attempt to defeat the rights

of the plaintiff.

B. An attempt to wriggle out the

obligation mandated by the MCD

 bye-laws and other connected and

linked laws.

23. That the plaintiff submits that the

cause of action arose in favour of the

plaintiff when the defendant no. 1 and

2 encroached the internal balconies

and raised illegal/unauthorised

construction on the first floor and

second floor of the suit property in

violation of Building Bye-Laws. It is

further submitted that cause of action

further arose in favour of plaintiff

when defendant no. 1-3 declined

requests of plaintiff to stop illegal/

unauthorised construction. The cause

of action further arose when plaintiff

filed a complaint to the Vigilance

Department of defendant no. 4 and the

copy of the same was forwarded to the

defendant no. 5 i.e. SHO, P.S. Roop

Nagar and Commissioner of MCD. The

cause of action further arose when

plaintiff served statutory notice U/s

 80 CPC on the defendant no. 4 and 5

and again when defendant no. 1-3

started raising unauthorised/illegal

construction by appointing more labour

at the site. Cause of action is still

continuing and still subsisting as the

defendants no. 1-3 has been raising

construction at the suit property day

and night.

24. That the plaintiff submits that

cause of action between the parties

arose at Delhi, the parties to the

suit also reside and works for gain at

Delhi. The suit property also situated

at Delhi, hence, this Hon’ble Court

has territorial jurisdiction to try,

entertain and decide present suit.

25. The value of suit for purpose of

court fees and jurisdiction is Rs.

_____/-on which court fee in

accordance with law has been paid as

under:-
 Permanent Injunction Rs. 130/-

Mandatory Injunction Rs. 130/-

---------------
Total Rs. 260/-

---------------

This Hon’ble Court, therefore, has

the pecuniary jurisdiction to try and

entertain the present suit.

26. The plaintiff is approaching this

Hon’ble Court at the earliest and

without any delay for appropriate

relief.

PRAYER :-

In the premises aforesaid and in facts

and circumstances of case it is therefore,

most respectfully prayed that this Hon'ble

Court would graciously be pleased to:-

(a) Pass a decree of permanent

injunction in favour of the plaintiff

and against the defendants thereby

 restraining the defendant no. 1 and 2,

their agents, employees servants,

agents, associates and assignees etc.

from raising unauthorised/illegal

construction in suit property bearing

no. A-43, Kamla Nagar, Delhi more

specifically shown in red colour in

the site plan; and

(b) Pass a decree of mandatory

injunction in favour of plaintiff and

against the defendants thereby

directing the defendant no. 3 and 4,

their agents, employees, servants,

agents, attorney, associates and

assignees etc. for removing illegal /

unauthorised construction raised by

the defendant no. 1 to 3 in the suit

property i.e. A-43, Kamla Nagar, Delhi

more specifically shown in red colour

in site plan; and

(c) Award cost of the suit in

favour of plaintiff and against the

defendants.

(d) Pass any other or further

relief which this Hon’ble Court deem

fit and proper in the facts and

circumstances of the case in favour of

the plaintiff and against defendants.

PLAINTIFF
(GOPAL KHARI)

REPRESENTED IN THE COURT BY:-

(RAKESH TANWAR, VIKAS

ROHTAGI & SUNIL KUMAR )
For TANWAR & ASSOCIATES
ADVOCATES
PLACE:-DELHI CH.NO.V-32,TEHSIL LANE,
DATED:-13/12/2008 TIS HAZARI COURTS,DELHI

VERIFICATION :-

Verified at Delhi on this 13 t h

day of December 2008 that the contents of
para no. 1 to 20 of the plaint are true
and correct to the best of my knowledge
and those of para no. 21 to 26 of the
plaint are true as per the information
received and believed to be true and
correct. Last para is prayer to this
Hon'ble Court.

PLAINTIFF
 IN THE HON'BLE COURT OF SR. CIVIL JUDGE,
TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. OF 2008

IN THE MATTER OF :-

SH. GOPAL KHARI ………………PLAINTIFF

VERSUS

SH. KRISHAN KUMAR & ORS. ……………DEFENDANTS

AFFIDAVIT

Affidavit of Sh. Gopal Khari S/o Sh. Inder

Singh R/o H. No. WP-174, Wazir Pur

Village, Delhi-110052.

I, the abovenamed deponent do hereby

solemnly affirm and declare as under:-

1. That the deponent is the plaintiff in

the above noted petition and is well

conversant with the facts and

circumstances of case hence, competent

to swear this affidavit.

2. That the contents of the accompanying

suit for permanent and mandatory

Injunction have been drafted by my

counsel under my instructions and the

 facts stated therein are true and

correct to the best of my knowledge.

3. That the deponent craves the leave of

this Hon'ble Court to read contents of

the accompanying suit as integral part

and parcel of this affidavit as the

same are not repeated herein for the

sake of brevity.

DEPONENT
VERIFICATION :-

Verified at Delhi on this 13 t h

day of December 2008 that the contents of

my above affidavit are true and correct to

my knowledge and no part of it is false

and nothing material has been concealed

there from.

DEPONENT
 IN THE HON'BLE COURT OF SR. CIVIL JUDGE,
TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. OF 2008

IN THE MATTER OF :-

SH. GOPAL KHARI ………………PLAINTIFF

VERSUS

SH. KRISHAN KUMAR & ORS. ……………DEFENDANTS

APPLICATION U/O XXXIX RULE 1&2 R/w SECTION

151 OF CPC FOR EX-PARTE AD-INTERIM STAY.

MOST RESPECTFULLY SHOWETH :-

1. That the plaintiff has filed the

above captioned matter for permanent

and Mandatory injunction against

defendant and the same is pending

adjudication before this Hon'ble

Court.

2. The plaintiff craves leave of this

Hon'ble Court to read the contents of

the accompanying suit as part and

parcel of this application as same are

 not being repeated herein for the sake

of brevity.

3. That the defendants are raising

illegal and unauthorised construction

day and night in the suit property in

collusion with each other by

encroaching the internal balconies in

contravention of the building bye-laws

of MCD i.e. defendant no. 4 thereby

obstructing the entire ventilation

facility of the building.

4. That from the said unauthorised and

illegal construction raised by the

defendant no.1-3 in the suit property,

the easement rights of the plaintiff

have been infringed and in case if the

said unauthorised/illegal construction

is not stopped and demolished, further

easement rights of plaintiff shall be

infringed.

5. That the plaintiff has a very good

prima facie case in his favour and

 against the defendant and also has

chance of success in the same.

6. That the balance of convenience also

lies in favour of the plaintiff and

against the defendants.

7. That the plaintiff/applicant shall

suffer irreparable loss and injury in

case the defendants are not restrained

from raising illegal and unauthorised

construction in the suit property and

the same cannot be compensated even in

terms of the money.

In the premises aforesaid and in the

facts and circumstances of the case, it

is, therefore, most respectfully prayed

that this Hon'ble Court would graciously

be pleased to:-

(a) Pass an ex-parte ad-interim ex-

parte injunction in favour of the

plaintiff and against the defendants

no. 1 to 3, their heirs, successors,

nominees, agents, employees, assignees

 etc. thereby restraining them from

raising illegal and unauthorised

construction in the suit property i.e.

A-43, Kamla Nagar, Delhi, till final

disposal of the present; and

(b) Pass an ex-parte ad-interim ex-

parte injunction in favour of the

plaintiff and against the defendants

no. 4-5, thereby directing the

defendant no. 4 and 5 their agents,

employees, servants, agents,

associates and assignees etc. for

removing the unauthorised and illegal

construction raised/carried out, in

contravention of building bye-laws, by

the defendant no. 1 to 3 in the suit

property and further be pleased to

direct the defendant no. 4&5 for

making necessary arrangement so that

the defendant no. 1 to 3 may not raise

any construction in the suit property

i.e. A-43, Kamla Nagar, Delhi during

the pendency of the suit,

(c) Pass any other or further

relief/ orders which this Hon'ble

Court deems fit, proper and expedites

in the facts and circumstances of the

case in favour of plaintiff and

against the defendants.

PLAINTIFF
(GOPAL KHARI)

REPRESENTED IN THE COURT BY:-

(RAKESH TANWAR, VIKAS

ROHTAGI & SUNIL KUMAR )
For TANWAR & ASSOCIATES
ADVOCATES
PLACE:-DELHI CH.NO.V-32,TEHSIL LANE,
DATED:-13/12/2008 TIS HAZARI COURTS,DELHI
 IN THE HON'BLE COURT OF SR. CIVIL JUDGE,
TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. OF 2008

IN THE MATTER OF :-

SH. GOPAL KHARI ………………PLAINTIFF

VERSUS

SH. KRISHAN KUMAR & ORS. ……………DEFENDANTS

AFFIDAVIT

Affidavit of Sh. Gopal Khari S/o Sh. Inder

Singh R/o H. No. WP-174, Wazir Pur

Village, Delhi-110052.

I, the abovenamed deponent do hereby

solemnly affirm and declare as under:-

1. That the deponent is the plaintiff in

the above noted petition and is well

conversant with the facts and

circumstances of case hence, competent

to swear this affidavit.

2. That the contents of the accompanying

application U/o XXXIX rule 1&2 r/w

section 151 CPC, have been drafted by

my counsel under my instructions and

 the facts stated therein are true and

correct to the best of my knowledge.

3. That the deponent craves the leave of

this Hon'ble Court to read contents of

accompanying application as integral

part and parcel of this affidavit as

the same are not repeated herein for

the sake of brevity.

DEPONENT
VERIFICATION :-

Verified at Delhi on this 13 t h

day of December 2008 that the contents of

my above affidavit are true and correct to

my knowledge and no part of it is false

and nothing material has been concealed

there from.

DEPONENT
 IN THE HON'BLE COURT OF SR. CIVIL JUDGE,
TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. OF 2008

IN THE MATTER OF :-

SH. GOPAL KHARI ……………PLAINTIFF

VERSUS

SH. KRISHAN KUMAR & ORS. ……….DEFENDANTS

APPLICATION U/S 80(2)CPC R/W SECTION 140

OF DELHI POLICE ACT AND SECTION 478 OF
DELHI MUNICIPAL CORPORATION ACT ON BEHALF
OF THE PLAINTIFF FOR WAIVING THE STATUTORY
PERIOD FOR FILING THE SUIT.

MOST RESPECTFULLY SHOWETH :-

1. That the plaintiff has filed the

abovesaid matter for permanent

injunction against defendant and same

is pending adjudication before this

Hon'ble Court.

2. The plaintiff craves leave of this

Hon'ble Court to read the contents of

accompanying suit as part and parcel

of this application as same are not

 being repeated herein for the sake of

brevity.

3. That the defendant no. 1 to 3 are the

influential builders of the area where

the suit property is situated and used

to purchase old structured building

for developing commercial complex,

residential apartments and involved in

business of Real Estate Development.

4. That few days back the defendant no.

1-3 encroached the entire internal

balconies of suit property and started

raising unauthorised construction.

The said construction was initialized

by erecting pillars and beams by

encroaching the internal balconies of

1 s t floor & 2 n d floor. The defendants

also started demolishing the internal

structure of the building without

taking care of the old structure of

the building. It is not out of the

place to mention here that the

structure of the building is almost 50

 years old and keeping in view this

fact it is necessary to obtain the

consent and permission of the other

occupants of the building. Moreover,

the defendants not even bothered about

taking permission from the MCD i.e.

defendant no. 4 or not even obtained

or applied for any sanction plan or

got approved any map of suit property

before commencing any construction.

5. That the plaintiff tried his level

best for restraining the defendant no.

1 to 3 but all in vain. Having no

other option, the plaintiff reported

the matter to the Vigilance Department

of the defendant no. 4 and a copy of

the same was supplied to the defendant

no. 5 but all in vain.

6. That the defendant no. 4 & 5 and its

officials are not taking action

against the defendant no. 1 to 3 for

raising illegal and unauthorised

construction in the suit property,

 without any sanction plan and approval

from the concern department of

defendant no. 4, for the reason best

known to them which is resulting in

infringement of easement rights of the

plaintiff and other occupants of the

building.

7. That the construction raise by the

defendant no. 1-3 in the suit property

is not only affecting the easement

rights of the plaintiff but is also an

threat to the life and property of the

other occupants including plaintiff

and the general public as the old

structure of the building of the suit

property can collapse at any stage due

to such improper, unauthorised and

illegal construction/encroachment.

8. That the plaintiff has served a legal

notice U/s 80 CPC read with section

140 of Delhi Police Act which was duly

serve upon the defendant. It is also

submitted that after service of legal

 notice, defendant no. 1 to 3 instead

of stopping the construction work,

appointed more labour and carrying out

the construction work in the suit

property day and night.

9. That in view of detailed submissions

made herein above as well as in the

plaint, it is apparent that the above

captioned matter is of urgent nature.

The defendant no. 1-3 has been raising

construction day and night and

defendant no. 4 and 5 are not taking

any action against them as such the

plaintiff cannot wait for completion

of statutory period of 60 days from

the date of service, hence, the

present application is being moved to

avoid technicalities.

PRAYER :-

It is, therefore, most respectfully

prayed that the applicant may kindly be

permitted to file the present suit against

the defendant no. 4 and 5 without

complying with the provisions of section

80 of CPC, in view of detailed submissions

made herein above, in the interest of

justice.

PLAINTIFF
(GOPAL KHARI)

REPRESENTED IN THE COURT BY:-

(RAKESH TANWAR, VIKAS

ROHTAGI & SUNIL KUMAR )
For TANWAR & ASSOCIATES
ADVOCATES
PLACE:-DELHI CH.NO.V-32,TEHSIL LANE,
DATED:-13/12/2008 TIS HAZARI COURTS,DELHI
 IN THE HON'BLE COURT OF SR. CIVIL JUDGE,
TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. OF 2008

IN THE MATTER OF :-

SH. GOPAL KHARI ………………PLAINTIFF

VERSUS

SH. KRISHAN KUMAR & ORS. ……………DEFENDANTS

AFFIDAVIT

Affidavit of Sh. Gopal Khari S/o Sh. Inder

Singh R/o H. No. WP-174, Wazir Pur

Village, Delhi-110052.

I, the abovenamed deponent do hereby

solemnly affirm and declare as under:-

1. That the deponent is the plaintiff in

the above noted petition and is well

conversant with the facts and

circumstances of case hence, competent

to swear this affidavit.

2. That the contents of the accompanying

application U/s 80(2) CPC R/w section

140 DP Act and 478 of DMC Act have

been drafted by my counsel under my

instructions and facts stated therein

 are true and correct to the best of my

knowledge.

3. That the deponent craves the leave of

this Hon'ble Court to read contents of

accompanying application as integral

part and parcel of this affidavit as

the same are not repeated herein for

the sake of brevity.

DEPONENT
VERIFICATION :-

Verified at Delhi on this 13 t h

day of December 2008 that the contents of

my above affidavit are true and correct to

my knowledge and no part of it is false

and nothing material has been concealed

there from.

DEPONENT
 IN THE HON'BLE COURT OF SR. CIVIL JUDGE,
TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. OF 2008

IN THE MATTER OF :-

SH. GOPAL KHARI ………………PLAINTIFF

VERSUS

SH. KRISHAN KUMAR & ORS. ……………DEFENDANTS

ADDRESS FORM

Address of plaintiff is as under:-

SH. GOPAL KHARI

S/O SH. INDER SINGH,
R/O HOUSE NO. WP-174,
WAZIRPUR VILLAGE
DELHI-110052.

Sir/Madam

All the summon, applications or

all other documents etc. may kindly be
served to the plaintiff at the above said
address and in case of change of address
of the plaintiff, same will be furnished
to the Hon'ble Court.

REPRESENTED IN THE COURT BY:-

(RAKESH TANWAR, VIKAS

ROHTAGI & SUNIL KUMAR )
For TANWAR & ASSOCIATES
ADVOCATES
PLACE:-DELHI CH.NO.V-32,TEHSIL LANE,
DATED:-13/12/2008 TIS HAZARI COURTS,DELHI
 IN THE HON'BLE COURT OF SR. CIVIL JUDGE,
TIS HAZARI COURTS, DELHI.

CIVIL SUIT NO. OF 2008

IN THE MATTER OF :-

SH. GOPAL KHARI ………………PLAINTIFF

VERSUS

SH. KRISHAN KUMAR & ORS. ……………DEFENDANTS

LIST OF DOCUMENTS

1. Copy of the site plan of the suit

property bearing no. A-43, Kamla
Nagar, Delhi.

2. The copy of the said sale deed dated

24/03/2000.

3. Copy of the complaint dated

01/12/2008 made to the Defendant no. 4
and 5.

4. photographs of the suit property.

5. Copy of the notice U/s 80 CPC and

postal receipts.

REPRESENTED IN THE COURT BY:-

(RAKESH TANWAR, VIKAS

ROHTAGI & SUNIL KUMAR )
For TANWAR & ASSOCIATES
ADVOCATES
PLACE:-DELHI CH.NO.V-32,TEHSIL LANE,
DATED:-13/12/2008 TIS HAZARI COURTS,DELHI