IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION) PALAMPUR,

DISTT: KANGRA (HP)

1. Neelam Kumari W/o Sh Kesar Singh Resident of VPO Panchrukhi Sub-

Tehsil Panchrukhi Distt Kangra Contact Number :-8988195340

Applicant/Plaintiff…

Versus

1. Dalip Kumar Son of Late Sh Prem Chand Resident Tika Salaina Post
Office Panchrukhi Tehsil Palampur District Kangra H.P.
2. Santosh Kumar Son of Late Sh Prem Chand Resident Tika Salaina
Post Office Panchrukhi Tehsil Palampur District Kangra H.P.
3. Mr Sushil Kumar Son of Late Sh Prem Chand Resident Tika Salaina
Post Office Panchrukhi Tehsil Palampur District Kangra H.P.
4. Mrs Hardai w/o of Late Sh Prem Chand Resident Tika Salaina Post
Office Panchrukhi Tehsil Palampur District Kangra H.P.
5. Mrs Sudarshna D/o of Late Sh Prem Chand Resident Tika Salaina
Post Office Panchrukhi Tehsil Palampur District Kangra H.P.
6. Mrs Manorma D/o of Late Sh Prem Chand Resident Tika Salaina Post
Office Panchrukhi Tehsil Palampur District Kangra H.P.
7. Mrs Vijay Laxmi D/o of Late Sh Prem Chand Resident Tika Salaina
Post Office Panchrukhi Tehsil Palampur District Kangra H.P.

Defendants…

(Order 39 Rule 1 & 2 of CPC)

Application Under Order 39 Rule 1 and 2 of CPC for Grant of

Specific Relief Act restraining the respondents/defendant’s from changing
the nature of the suit land by way of execution of Sale Deed , Cutting Tree,
alienation, gift , mortgage deed, relinquishment deed, transferred deed etc.
or in any manner to third person till the decision of the suit interfering in the
suit land in comprising Khata No 281 Khatoni No 239 and 241 Khasra Kita 6
land measuring 0-14-35 Hects situated at Mohal Borhal as per the Year
Jamabandi of the Hadbast No 241 Tehsil Palampur District Kangra (H.P.)
 Value of the suit for the purpose of court fee Rs. 70,000/-
Value of the suit for the purpose of jurisdiction Rs. 70,000/-
Court Fees- Rs.3260
Sir,

The Applicant/Applicant/Plaintiff respectfully submits as under:-

1. That the defendants are recorded as co-owner and in possession

with other co-owners of the land in comprising Khata No 168 ,
Khatoni No 281 ,282 ,Khasra Kita -5 , land measuring :00-11-24 and
Khata no 169, Khaoutani no 284 , Khasra Number 173, land
measuring 00-03-11 Hects, Hadbast No:241 both situated at
Mohal: Brohal , Patwar Circle: Pranoh, Kanaougoo
Circle :Panchrukhi, Sub Tehsil Panchrukhi Tehsil: Palampur, Distt:
Kangra (HP), vide Jamabandi for the year: 2017 -2018. Parcha
Jamabandi is attached.

2. That for the sake of brevity let the land mentioned above be
termed as “suit land”.

3. That the suit is instituted before the Hon’ble Court .That the land
comprising Khata No 168 , Khatoni No 281 ,282 ,Khasra Kita -5 ,
land measuring :00-11-24 and Khata no 169, Khaoutani no 284 ,
Khasra Number 173, land measuring 00-03-11 Hects, Hadbast
No:241 both situated at Mohal: Brohal , Patwar Circle: Pranoh,
Kanaougoo Circle :Panchrukhi, Sub Tehsil Panchrukhi Tehsil:
Palampur, Distt: Kangra (HP) referred as a Suit Land.

4. That the defendants in the year 2005 were in the dire need of
money agreed to sell land comprising Khata No 168 , Khatoni No
281 ,282 ,Khasra Kita -5 , land measuring :00-11-24 and Khata no
169, khaoutani no 284 , Khasra Number 173, land measuring 00-03-
11 Hects, both situated at Mohal: Brohal , Patwar Circle: Pranoh,
Kanaougoo Circle :Panchrukhi, Sub Tehsil Panchrukhi Tehsil:
Palampur, Distt: Kangra (HP) extent to their share.

5. That on dated 19/02/2005 agreement to sell was executed between

Applicant/Plaintiff and defendant’s in which the sign was made
between Applicant/Plaintiff and defendants in presence in the
 presence of Pradhan Gram Panchayat Ladoh, same was dedicated
and drafted By Kesar Singh Son of Late Sh Laxman Singh as per
directions and instructions of the defendants . The part payment of
amounting Rupees 15,000(Fifteen Thousand) was paid by the
Applicant/Applicant/Plaintiff at the time of execution of the
agreement on dated 19/02/2002 and the remaining amount had to
be paid at the time of execution of the sale deed. (The copy of
agreement P1 annexed with this plaint.)

6. That on dated 14/06/2002 before the execution of above said land

sale deed the defendants received 10,000 (Ten Thousand) amount
as partial amount , again on dated 05/09/2005 defendants their
shelves admitted that on dated 05/09/2002 the defendants have
received 43,000 (Fourty Three Thousand) as partial amount and
receipt was of the same duly signed by the defendant given to
Applicant/Plaintiff in presence of some witness of the concerned
area whereas the signature was not taken of the marginal witness.
The receipt of the same annexure P2 annexed herewith.

7. That the defendants again came to the house of Applicant/Plaintiff

and asked the Applicant/Plaintiff to pay them some amount of the
execution of sale deed defendants also stated that they have urgent
need of money and in this regard Applicant/Plaintiff replied them
that he will pay the total amount as per term and condition of
agreement but the defendant had to go before the Tehsil office
Palampur and get the sale deed executed but again the defendant
requested before the Applicant/Plaintiff that part payment of the
agreement be made and very soon the sale deed will be executed,
in this regard the Applicant/Plaintiff on dated 15/09/2005 paid
amount of 15,000(Fifteen Thousand) as a partial amount for the
whole consideration by the Applicant/Plaintiff.(Copy of the Receipt
P3 annexed herewith).

8. That on dated 14-06-2005 the defendants being wicked mind again

came to the house of Applicant/Plaintiff and also request for the
remaining payment but the Applicant/Plaintiff asked them not to
make the payment , Applicant/Plaintiff also requested before the
defendants to execute the sale deed in favour of Applicant/Plaintiff
and the remaining payment will be made at the time of execution
of sale deed. But the defendants showed their inability to execute
 the sale deed . In this way the Applicant/Plaintiff also made ten
thousand(10,000) to the defendants .(Copy of the Receipt annexed
P4).

9. That on dated 09-09-2005 the defendants after receiving the whole

consideration amount 70,000(seventy thousand) as per agreement
execute in GPA favour of relative of Applicant/Plaintiff .(Copy of the
GPA annexed herewith P5 ) and the defendants assured the
Applicant/Plaintiff to get the sale deed executed of remaining land
00-00-76 hects very soon.

10. That defendants executed GPA in favour Applicant/Plaintiff were

delivered by the defendants to Applicant/Plaintiff on spot and till
today the Applicant/Plaintiff is cultivating and enjoying the same.

11. That there after Applicant/Plaintiff visited the house of the

defendants in the 2006 many time requested and asked the
defendants to get the sale deed executed in favour
Applicant/Plaintiff for remaining 0-00-76 hects but the defendants
one way or another way linger on the matter and ignored the
requests of the Applicant/Plaintiff but the defendants also assured
the Applicant/Plaintiff that since 2005 Applicant/Plaintiff is in
possession over the entire suit land as mentioned above 00-2-28
hects and enjoying since then .

12. That there after the Applicant/Plaintiff many times visited the
house of defendants as well as telephonically requested before the
defendants to execute the sale deed but the defendant intentionally
or willfully ignored the requests of the Applicant/Plaintiff and
repeatedly same as mentioned above that the posses-ion of the
entire land has been delivered on spot to the Applicant/Plaintiff and
sale execution be made when the defendant will have time with
them.

13. That the Applicant/Plaintiff finally requested the defendants in

the month of May 2022 and requested to execute the sale deed of
remaining 00-00-76 hects but the defendants again turned down
the request of the Applicant/Plaintiff and by one or another way and
linger on the matter .
 14. That when the Applicant/Plaintiff didn’t find any remedy on
failure of the request to the defendants by the
Applicant/Applicant/Plaintiff, the Applicant/Plaintiff warned the
defendants that the Applicant/Plaintiff will seek the remedy from
Hon’ble Court. But the defendants being adamant and not law
abiding citizen, paid no heed for the same.
15. That the Applicant/Plaintiff being the law abiding citizen and
having full respect of law send the legal notice on dated 31 st May
2022 with the time prayed for 15 days for execution of sale
deed .But the defendants being wicked mind person’s refused to
take legal notice and the same notice was received back by
Applicant/Applicant/Plaintiff on dated 15th May 2022 with a reason
cited “ Lene se inkar kar diya”. (Copy of legal notice attached
herewith).

16. That Applicant/Plaintiff has leveled the suit land and also raised
permanent structure huge amount has been spent out for the
construction as mentioned above and the Applicant/Plaintiff also
and raised fruit bushes over the suit land .

17. That the first cause of action arose to the Applicant/Plaintiff

since the time of agreement executed in favour of Applicant/Plaintiff
by defendants and the second cause of action arose to the
Applicant/Plaintiff when the defendants after several requests paid
no heed for the same and continue thereon , and the fresh cause of
action arose to the Applicant/Plaintiff after reverting the legal notice
on dated 15th June 2022 .

18. That no similar suit pertaining to the suit land between the same
parties on the same subject matter is pending in any court of law.

19. That the value of the suit for the purpose of court fee and
jurisdiction is given in the heading of the plaint.

An affidavit in support of the contents of the plaint is attached

herewith.
Prayer :-
It is therefore, prayed that the suit of the Applicant/Applicant/Plaintiff
as prayed for in the heading of this plaint , may kindly be decreed with costs
in favour of the Applicant/Applicant/Plaintiff and against the defendants, in
the ends of justice.
 Applicant/Plaintiff….

Neelam Rana
Verification:-

Verified that the contents of the above Through counsel…

Paras of the plaint are true to best of
our knowledge and belief and nothing
material has not been concealed therein. (Pooja Dogra)
Advocate,
Palampur
Verified at Palampur on this 23rd June, 2022
 IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION) PALAMPUR,
DISTT: KANGRA (HP)

In re:-

Neelam Versus Dalip and another’s

(Application under order 39

rule 1 and 2 CPC)

AFFIDAVIT

I, Neelam aged Years w/o Kehar Singh r/o VPO Panchrukhi Sub-
Tehsil Panchrukhi Distt Kangra do hereby solemnly affirm and declare on
oath as under that the contents of the application are true and correct and
have been drafted on my instance and the same have also been explained to
me in vernacular, which I have carefully and thoroughly understood as true
to my personal knowledge.

I further, solemnly affirm and declare that the above statement of mine
is true to the best of my knowledge and belief and nothing has been
concealed therein.

Verified at Palampur on this 23rd June, 2022.

Deponent …
Identified by:

(Pooja Dogra ) Neelam

Advocate Palampur