IN THE COURT OF SENIOR CIVIL JUDGE, SOUTH,

SAKET DISTRICT COURT, SAKET, NEW DELHI

Suit No: Of 2023

IN THE MATTER OF:

Mrs. Sunita Sharma …. Plaintiff

Versus
Mr. Satish Kumar & Ors. .….. Defendants

INDEX
S.No Particulars Page No.
.
1. Memo of Parties
2. Suit for recovery/ restoration of possession
under section 6 of the Specific Relief Act,
1963 alongwith affidavit.

3. List of documents and List of reliance.

4. Vakalatnama

Place: New Delhi Plaintiff

Date: 17.04.2023 Through

[Dinesh Kumar, Abhinav Chaudhary

& Vinod Sahu]
Advocates for plaintiff
269, Lawyers’ Chamber, Delhi High Court,
New Delhi – 110003.
Mob. No.: 8368767200
Email: dinntul@gmail.com
 IN THE COURT OF SENIOR CIVIL JUDGE, SOUTH,
SAKET DISTRICT COURT, SAKET, NEW DELHI

Suit No: Of 2023

IN THE MATTER OF:

Mrs. Sunita Sharma …. Plaintiff

Versus
Mr. Satish Kumar & Ors. .….. Defendants

MEMO OF PARTIES

1. Mrs. Sunita Sharma

W/o Mr. Rahul Sharma
R/o H.No.-GII-171, JJ Colony,
Madangir, New Delhi – 110062.
Mob. No.: 9871491711

Presently at:

C-40, Rajpur Khurd, South Delhi,

New Delhi-110068. …..Plaintiff

Versus
1. Mr. Satish Kumar
S/o Late Sh. Jagdish Sharma
R/o C-8, Shiv Durga Vihar, Lakkadpur, Surajkund,
Near Saint Columbus School Dayal Bagh,
Faridabad, Haryana – 121009.
Mob. No.: 9868163760

2. Mr. Naresh Kumar

S/o Late Sh. Jagdish Sharma
R/o C-8, Shiv Durga Vihar, Lakkadpur, Surajkund,
Near Saint Columbus School Dayal Bagh,
Faridabad, Haryana – 121009.
Mob. No.: 9871656269
3. Mrs. Soniya Sharma
W/o Mr. Naresh Kumar
R/o C-8, Shiv Durga Vihar, Lakkadpur, Surajkund,
Near Saint Columbus School Dayal Bagh,
Faridabad, Haryana – 121009.
Mob. No.: 7838727834 …Defendants

Place: New Delhi Plaintiff

Date: 17.04.2023 Through

[Dinesh Kumar, Abhinav Chaudhary

& Vinod Sahu]
Advocates for plaintiff
269, Lawyers’ Chamber, Delhi High Court,
New Delhi – 110003.
Mob. No.: 8368767200
Email: dinntul@gmail.com
 IN THE COURT OF SENIOR CIVIL JUDGE, SOUTH,
SAKET DISTRICT COURT, SAKET, NEW DELHI

Suit No: Of 2023

IN THE MATTER OF:

Mrs. Sunita Sharma …. Plaintiff

Versus
Mr. Satish Kumar & Ors. .….. Defendants

SUIT FOR RECOVERY/ RESTORATION OF POSSESSION

UNDER SECTION 6 OF THE SPECIFIC RELIEF ACT, 1963.

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff alongwith her family was residing at H.No. G II-
171, JJ Colony, Madangir, Pushpa Bhawan, New Delhi-110062 for
the last 15 years. The said residence is of 25 Sq. Yds., which was
given by the mother of the plaintiff namely late Smt. Kanchan to her
vide oral family settlement as her share in the month of May, 2019.
The plaintiff is filing herewith a site plan wherein the description of
the suit property/residence is delineated in red colour.

2. That the plaintiff is an illiterate lady who got married in year 1997
and started residing at a rented accommodation at Lado Sarai, New
Delhi, however in the year 2008 plaintiff’s mother invited her to live
at her ancestral home situated at H.No. GII-171, JJ Colony,
Madangir, Pushpa Bhawan, New Delhi-110062 and the plaintiff was
living there ever since alongwith her family members.
3. That the plaintiff was living peacefully alongwith her husband and
three children at the aforementioned property for the last 15 years,
since her parents vide an oral family settlement decided shares of
their children according to which the plaintiff got the suit property as
her share and her brothers got their respective bigger shares one at
Lakkadpur, Faridabad and other at Dilshad Garden, Shahdara, Delhi.

4. That the children of the plaintiff were admitted in the school of same
locality i.e MCD school, Ambedkar Nagar, Sector-4, New Delhi –
110062 since the beginning of their academics.

5. That since the mother of plaintiff was an illiterate lady, she was
neither aware of the procedure to apply for change of name in the
electricity connection nor there was any need for the same as there
was mutual understanding between mother and brothers of the
plaintiff. The electricity bill was paid initially by plaintiff’s mother
and later by the plaintiff to her brothers in whose name the meter was
installed.

6. That on 25.01.2022 the defendant no.1 dishonestly, surreptitiously

and without knowledge and consent of the plaintiff or her mother
transferred the electricity meter in his name which clearly shows the
dishonest and ulterior intention/motive of the said defendants to
usurp the suit property.

7. That due to constant provocation and pressure by the brother of the

plaintiff namely Satish Kumar, the mother of the plaintiff used to call
her and share her miseries about the intention of defendant no.1 & 2
to dispossess her from the suit property. That on 29.10.2017 the
 plaintiff’s bothers namely, Satish Kumar and Naresh Kumar
forcefully entered in the said residence by breaking open the lock
and tried to throw away the all movable items/articles owned by the
plaintiff out of the house, during such incident the plaintiff called
police helpline and the said act was stopped by the intervention of
police and the mother of the plaintiff.

8. That the father of plaintiff expired on 11.12.1999. The mother of the

plaintiff was living alone at the suit property and therefore she
invited the plaintiff to stay with her in the year February, 2008.
However, the mother of the plaintiff passed away on 09.12.2022 at
Lakkadpur, Faridabad. Except for one occasion on 30.10.2017 when
the brothers of the plaintiff tried to dispossess her of the property,
there was no interference from her brothers and the plaintiff and her
family members were in settled possession of the property
aforementioned.

9. That after the death of the mother of the plaintiff the brothers of the
plaintiff became greedy, dishonest and waiting for an opportune
moment and when the plaintiff was away from her residence/suit
property, the defendants took over the possession of her
residence/suit property without her consent and knowledge by
breaking open the main door lock and other locks and took away all
the valuable household articles/ items to erase the evidence of
possession of the plaintiff and put their lock.

10. That after the death of her mother, the plaintiff went to her
daughter’s place who is residing in Punjab in the month of February,
2023 and due to her prolonged illness, they stayed there till she got
 the news of her dispossession from the suit property by her brothers
on 10.04.2023 by her neighbours namely one Vinay and others.
11. That on 10.04.2023 the plaintiff further came to know that the
defendants took away all belongings/household items after breaking
open the locks of the house and are also trying to sell the house to
third person. Upon receipt of this information, the plaintiff despite
her ill heath returned to her residence from Punjab on 12.04.2023
and found that the lock on the main gate was changed and as a result
she started enquiring from neighbours. Much to her utter surprise and
consternation she learnt that all the defendants together came to the
suit property without her consent and knowledge and broke open the
lock of the house and entered into the house illegally, forcibly and
unauthorizedly and stolen all her belongings and movable items from
the said residence and put their own lock on the main gate with an
intent to sell the said property. List of belongings and movable
property so taken away by the defendants are as follows:
1) 2 Single wooden Bed, 2) 1 Double iron bed, 3) 1 Iron Almirah
(clothes, documents containing a gift deed and will of this house
in my name, 7 silver coins, 3 Gold coins, 1 broken gold chain of
20gram, 2 gold rings, 5 pairs silver anklet), 4)1 Sofa set alongwith
side table, 5) Educational documents of children, 6) 1 gas stove
with cylinder, 7) All utensils, 8) 1 Iron box, 9) 4 electricity fans,
10) 2 chairs, 11) Television, 12) 1 Cooler, 13) 1 washing machine,
14) Water heater rod, 15) 1 study table etc.

12. That the plaintiff immediately on 12.04.2023 made a call on PCR

100 number and lodged a complaint about the incident of house
breaking and robbery in broad daylight. Due to absence of any action
by the police, the plaintiff went to the Police Station, Ambedkar
 Nagar and apprised/informed the SHO about the incident, then two
police personals came to the plaintiff’s house for investigation about
the incident.

13. That during the investigation the neighbors of the plaintiff

apprised/informed the police personnels that the plaintiff has been
living at the suit property for the last 15 years alongwith her family
while taking care of her mother who was in bad health. The
defendants before committing such offence dishonestly and
surreptitiously induced the mother of the plaintiff to move out of the
suit property and therefore took her to their Lakkadpur house at
Faridabad where she breath for last on 09.12.2022.

14. That due to lethargic attitude of police authorities and non-

registration of FIR, the plaintiff went to the office of DCP South
District and lodged a complaint there on 15.04.2023 and still no
action was taken by the police and the police personals keep on
assuring the plaintiff that action will be taken despite the fact no
action has been taken till date.

15. That the plaintiff is running from pillar to post in order to secure
residence and justice for her family and herself but the police seem to
be hands in glove with the accused(s) and no FIR is lodged till date
nor any of the above-mentioned articles/valuables have been
recovered.

16. For the said act of illegal and unauthorized dispossession, theft and
house trespass, the plaintiff and her family have lost all their life long
savings and valuable for all times to come and have lost a roof over
 their head, who have been relegated to the position of beggar on
streets.
17. That the plaintiff came to know from reliable sources that the
defendants have also entered into agreement to sell with some local
property dealers and are trying to sell the said property to the third
party and appropriate the proceeds to themselves and thereby they
will enrich themselves with wrongful gain to themselves and cause
wrongful loss to the plaintiff herein.

18. That since the defendants have dispossessed the plaintiff without her
knowledge and consent from her house otherwise than in due course
of law and are bent upon and committed the aforesaid wrongful,
illegal, unauthorized and criminal acts, it has become necessary for
the plaintiff to approach this hon’ble court to protect her rights and
interest alongwith her family be put back in the same property and
the property may be restored to the plaintiff in the larger interest of
justice by virtue of Section 6 of the Specific Relief Act, 1963.

19. That unless the property is restored to the plaintiff and the property is
recovered from the illegal, unauthorized and unlawful possession of
the defendants, the plaintiff would suffer irreparable loss and her
lifelong saving besides the legitimate right over her own property
which she got acquired as her share in the properties owned by her
mother.

20. That the cause of action arose in the favour of the plaintiff and
against the defendants on 10.04.2023 when the defendants broke into
the house of the plaintiff while taking away all her belongings and
taking unauthorized and illegal possession of the suit property
resulting in dispossession of the plaintiff. The cause of action further
 arose on 12.04.2023 when after reaching Delhi the plaintiff
immediately called 100 PCR and simultaneously lodged complaint
with local police station. The cause of action further accrued on
15.04.2023 when the plaintiff lodged further complaint and apprised
the DCP of the area when no action was initiated by local police. The
cause of action is still continuing and subsisting as the plaintiff is
illegally, unlawfully and forcibly dispossessed by the defendants and
trying to sell off the suit property.

21. That the value of the suit for the purpose of the court fee and
jurisdiction is fixed at Rs.2,50,000/- (Rupees Two Lacs Fifty
Thousand) for which the proper court fee has been paid and affixed
on the plaint.

22. That the suit property is situated at Delhi and the cause of action
having been arose to the plaintiff and against the defendants at Delhi.
The entire cause of action has arisen in Delhi and subsisting and
continuing and this hon’ble court has jurisdiction to try this suit.

23. That the present suit has been filed under section 6 of the Specific
Relief Act, 1963 for recovery of possession as the plaintiff has been
dispossessed without her knowledge and consent of immovable
property otherwise than in due course of law by the defendants who
have illegally, unauthorizedly, unlawfully and forcibly taken
possession of suit premises.

24. That the plaintiff reserves the right to file any other further relief
regarding suit property by virtue of Section 6 (4) of the Specific
Relief Act, 1963 and the cause of action for filing of another suit
based on different cause of action in respect of the suit property is
not barred by provision of Order II rule 2 of CPC, 1908 and the
provision is not attracted in the present case of the plaintiff.
PRAYER

It is therefore, most respectfully prayed that this hon’ble court may

graciously be pleased to pass a decree of:

a) Restoration/ recovery of possession of the suit premises/property

belonging to the plaintiff and hand over the physical, vacant, and
peaceful possession of the suit property to the plaintiff.

b) Cost of the present suit may also be awarded in favour of the

plaintiff and against the defendants.

c) Any other relief which this hon’ble court may deem fir and just in
the facts and circumstances of the case by also awarded in favour
of the plaintiff and against the defendants.

Place: New Delhi Plaintiff

Date: 17.04.2023 Through

[Dinesh Kumar, Abhinav Chaudhary

& Vinod Sahu]
Advocates for plaintiff
269, Lawyers’ Chamber, Delhi High Court,
New Delhi – 11003.
Mob. No.: 8368767200
Email: dinntul@gmail.com
VERIFICATION: Verified at New Delhi on this 17 th day of April,
2023 that the contents of the above plaint are true and correct to my
knowledge and nothing material has been concealed therefrom.

Plaintiff
 IN THE COURT OF SENIOR CIVIL JUDGE, SOUTH,
SAKET DISTRICT COURT, SAKET, NEW DELHI

Suit No: Of 2023

IN THE MATTER OF:

Mrs. Sunita Sharma …. Plaintiff

Versus
Mr. Satish Kumar & Ors. .….. Defendants

AFFIDAVIT

I, Mrs. Sunita Sharma W/o Mr. Rahul Sharma, aged about 47 years
R/o H.No. GII-171, JJ Colony, Madangir, Pushpa Bhawan, New
Delhi-110062, I the above-named deponent, do hereby solemnly
affirm and declare as under:

1. That the deponent is the plaintiff in the above noted matter and is as
such well conversant with the facts of the case and can depose about
the same.

2. That the accompanying suit for recovery/restoration of possession

under section 6 of the specific relief act, 1963 has been drafted by
the counsel for the deponent under the instructions of the deponent.

3. That the deponent has gone through the contents of the same which
have been explained to her in his vernacular language and says that
the facts stated therein are correct and be read as forming part of this
affidavit as the same are not being repeated herein for the sake of
brevity.
 DEPONENT
VERIFICATION: Verified at New Delhi on this 17 th day of April,
2023 that the contents of the above plaint are true and correct to my
knowledge and nothing material has been concealed therefrom.

DEPONENT
 IN THE COURT OF SENIOR CIVIL JUDGE, SOUTH,
SAKET DISTRICT COURT, SAKET, NEW DELHI

Suit No: Of 2023

IN THE MATTER OF:

Mrs. Sunita Sharma …. Plaintiff

Versus
Mr. Satish Kumar & Ors. .….. Defendants

LIST OF DOCUMENTS ALONGWITH DOCUMENTS

S. No. Particulars Page No.

1. Copy of Aadhar card of the plaintiff.

2. Copy of Ration card.

3. Original copy of electricity bills.

4. Original copy of school report card of son of

the plaintiff.

5. Original copy of complaint dated 30.10.2017

to the SHO, P.S. Ambedkar Nagar, New Delhi.

6. Original copy of complaint dated 12.04.2023

to the SHO, P.S. Ambedkar Nagar, New Delhi.

7. Original copy of complaint dated 15.04.2023

to the DCP, South, New Delhi.

8. Original copy of statement of neighbors of the

 plaintiff.

9. Site plan of the suit property.

RELIANCE

1. Original copy of documents filed.

2. Any other document deemed fit on the basis of the defense of the
Defendant.

Place: New Delhi Plaintiff

Date: 17.04.2023 Through

[Dinesh Kumar, Abhinav Chaudhary

& Vinod Sahu]
Advocates for plaintiff
269, Lawyers’ Chamber, Delhi High Court,
New Delhi – 110003.
Mob. No.: 8368767200
Email: dinntul@gmail.com