In the Court of Mrs.Yashika Yadav, Learned Civil Judge
(Junior Division) Palwal.
1. Ant Ram son of Sh.Veer Narain,
2. Attar Singh son of Sh.Munshi,
3. Satbir Singh son of Sh.Munshi,
All residents of Village Karna,
Tehsil & District Palwal
. . . . Counter-Claimants/Defendants
No.2 to 4
Versus
1. Smt.Kavita Bhardwaj wife of Sh.Ved Pal Bahrdwaj, resident
of Village .
. . . . Respondent/Plaintiff
2. Mahender son of Sh.Ant Ram, resident of Village Karna,
Tehsil & District Palwal.
. . . . Respondent/Defendant no.1
SUIT FOR PERMANENT
INJUNCTION
COUNTER-CLAIM
Respected Sir,
The counter-claimants/defendants
no.2 to 4 respectfully submit as under: -
1. That counter-claimants/defendants no.2
to 4 alongwith respondent no.2/defendant no.1 are joint owners in joint possession
of the agriculture land comprised in Khewat No.177, Khatoni No.198, Rect.
No.45, Killa No. 11/1(4-5) alongwith other lands total measuring 101 Kanals 17
Marlas, as mentioned in the Jamabandi for the year 2003-04 attached with the
plaint.
2. That the land mentioned in para no.1
of the counter-claim along with other lands as mentioned in the Jamabandi are
purely agriculture land and are jointly owned and possessed by the
counter-claimants/defendants no.2 to 4 alongwith respondent no.2/defendant no.1
and the same has not so far been partitioned.
3. That the respondent no.2/defendant
no.1 in collusion with the respondent no.1/plaintiff has executed a sale-deed
dated 3.6.2010 regarding a specific portion out of the killa number mentioned
in para no.1 of the counter-claim. The respondent no.2/defendant no.1 being
co-sharer in the disputed land has no right to execute sale-deed with respect
to the any specific portion out of any killa number and such sale is illegal
and does not confer any right, title or interest upon the vendee on that
particular piece of land. It is settled law that if a co-sharer executes any
sale-deed out of the joint holdings of any specific killa number or of any
specific portion out of any killa number, that sale is always deemed to be the
sale of the share out of the joint holdings and not of that particular killa
number or specific portion of that killa number. The respondents in collusion
with each other have procured the sale-deed dated 3.6.2010 in favour of the
respondent no.1 with a malafide intention to cause wrongful loss to the
counter-claimants/ defendants no.2 to 4. Both the respondents have threatened
to convert the disputed land mentioned in para no.1 of the counter-claim from
agriculture land to residential land as they have threatened to raise
construction over the killa number mentioned in para no.1 of the counter-claim,
which is a valuable portion of the disputed land and is situated adjacent to
the road. The respondents have no right to change the nature of the disputed
land by raising construction over the same. The respondent no.1/plaintiff has
filed the present suit in collusion and connivance with respondent
no.2/defendant no.1 with a malafide intention to cause wrongful loss to
counter-claimants/ defendants no.2 to 4 and to raise construction over the
specific portion of the disputed land mentioned in para no.1 of the
counter-claim.
4. That both the respondents have
threatened the counter-claimants/ defendants no.2 to 4 to raise construction
over the valuable portion of the disputed land mentioned in para no.1 of the
counter-claim and they have already collected building material nearby the
disputed land and they can start construction work at any point of time and in
case, if the respondents succeed in doing so, then in that case, the
counter-claimants/defendants no.2 to 4 would suffer an irreparable injury and
substantial loss, which cannot be compensated in any manner.
5. That the counter-claimants/defendants
no.2 to 4 requested and asked the respondents not to threat to raise
construction over any specific portion of the disputed land mentioned in para
no.1 of the counter-claim and also not to change the nature of the same, but
they did not pay any heed to their request and rather got filed the present
false and frivolous suit against the counter-claimants/defendants no.2 to 4 by
concealing true and material facts from this Hon'ble Court in order to harass
and humiliate them and to change the nature of the disputed land and as such,
the cause of action has accrued to the counter-claimants to file this
counter-claim.
6. That counter-claimants/defendants no.2
to 4 being the co-sharers and in joint possession of the disputed land
mentioned I para no.1 of the counter-claim, which is purely agriculture land,
are entitled to a decree for permanent injunction restraining the respondents
from raising construction over the valuable portion of the same and thereby
changing the nature of the same.
7. That the value of the counter-claim
for the purpose of court fees and jurisdiction is assessed at Rs.200/-, on
which, a fixed court fee of Rs.25/- has been paid on the counter-claim.
8. That the disputed land is situated and
the parties reside within the territorial jurisdiction of this Hon'ble Court
and hence, this Hon'ble Court has got the jurisdiction to entertain and try the
present counter-claim.
9. That that counter-claimants/defendants
no.2 to 4, therefore, pray to this Hon'ble Court that a decree of Permanent
Injunction restraining both the respondents from changing the nature of the
disputed land mentioned in para no.1 of the counter-claim and from raising
construction over any valuable portion of the same, may kindly be passed in
favour of the counter-claimants/defendants no.2 to 4 and against the
respondents, alongwith the cost of this counter-claim.
And/or any other relief, which this
Hon'ble Court deems fit and proper may also be awarded in favour of the
counter-claimants/defendants no.2 to 4, in the larger interest of justice.
Verification: - Verified that contents
of paras no.1 to 6 and 9 of counter-claim are correct to our knowledge and
that of paras no.7 and 8 are true to our belief. Verified
at Palwal Counter-Claimants 1. Ant Ram S/o Sh.Veer Narain, 2. Attar Singh S/o Sh.Munshi, 3. Satbir Singh S/o Sh.Munshi, Rs/o Village Karna, Tehsil & District Palwal. Through
Counsel R.P. Bainsla, C.S. Gorshi & Hans Bainsla, Advocates, Distt. Courts, Palwal.
on 20.9.2010.
In the
Court of Mrs.Yashika Yadav, Learned Civil Judge (Junior Division) Palwal.
Smt.Kavita Bhardwaj versus Mahender & others
SUIT FOR PERMANENT
INJUNCTION
COUNTER-CLAIM
Application under Order 39 Rules 1 and 2
read
with Section 151 CPC for temporary injunction
Respected Sir,
The applicants/counter-claimants
respectfully submit as under: -
1. That the applicants/counter-claimants
have filed the above noted counter-claim in this Hon'ble Court and the contents
of the same may kindly be read as part and parcel of this application in order
to avoid unnecessary repetition.
2. That the land mentioned in para no.1
of the counter-claim along with other lands as mentioned in the Jamabandi are
purely agriculture land and are jointly owned and possessed by the
counter-claimants/defendants no.2 to 4 alongwith respondent no.2/defendant no.1
and the same has not so far been partitioned.
3. That the respondents have threatened
to convert the disputed land mentioned in para no.1 of counter-claim from
agriculture land to residential land as they have threatened to raise
construction over the killa number mentioned in para no.1 of the counter-claim,
which is a valuable portion of the disputed land and is situated adjacent to
the road. The respondents have no right to change the nature of the disputed land
by raising construction over the same. The respondents have already collected
building material nearby the disputed land and they can start construction work
at any point of time and in case, if the respondents succeed in doing so, then
in that case, counter-claimants/defendants no.2 to 4 would suffer an
irreparable injury and substantial loss, which cannot be compensated in any
manner.
-: 2 :-
4. That the applicants/counter-claimants
have a good prima-facie case and the balance of convenience also lies in their favour.
Applicants/Counter-claimants 1. Ant Ram S/o Sh.Veer
Narain, 2. Attar Singh S/o Sh.Munshi, 3. Satbir Singh S/o
Sh.Munshi, Rs/o Village Karna,
Tehsil & District Palwal.
5. That the applicants/counter-claimants,
therefore, pray that an ad-interim injunction restraining both the respondents
from changing the nature of the disputed land mentioned in para no.1 of the
counter-claim and from raising construction over any valuable portion of the
same, till the final decision of this counter-claim, may kindly be passed in
favour of applicants/ counter-claimants and against the respondents, in the
interest of justice. A duly attested affidavit is attached herewith.
Through
Counsel R.P. Bainsla, C.S. Gorshi & Hans Bainsla, Advocates, Distt. Courts, Palwal.
Date : 20.9.2010
In the Court of Mrs.Yashika Yadav, Learned Civil Judge
(Junior Division) Palwal.
Smt.Kavita Bhardwaj versus Mahender & others
SUIT FOR PERMANENT
INJUNCTION
COUNTER-CLAIM
Application under Order 39 Rules 1 and 2
read
with Section 151 CPC for temporary injunction
AFFIDAVIT
I, Attar Singh
son of Sh.Munshi, resident of Village Karna, Tehsil and Distt. Palwal, do
hereby solemnly affirm and declare as under: -
1. That the counter-claimants have filed
above noted counter-claim and application for temporary injunction in this
Hon'ble Court and that the contents of the same may kindly be read as part and
parcel of this affidavit in order to avoid unnecessary repetition.
2. That the land mentioned in para no.1
of the counter-claim along with other lands as mentioned in the Jamabandi are
purely agriculture land and are jointly owned and possessed by the
counter-claimants/defendants no.2 to 4 alongwith respondent no.2/defendant no.1
and the same has not so far been partitioned.
3. That the respondents have threatened
to convert the disputed land mentioned in para no.1 of counter-claim from
agriculture land to residential land as they have threatened to raise
construction over the killa number mentioned in para no.1 of the counter-claim,
which is a valuable portion of the disputed land and is situated adjacent to
the road. The respondents have no right to change the nature of the disputed
land by raising construction over the same. The respondents have already
collected building material nearby the disputed land and they can start
construction work at any point of time and in case, if the respondents succeed
in doing so, then in that case, counter-claimants/defendants no.2 to 4 would
suffer an irreparable injury and substantial loss, which cannot be compensated
in any manner.
-: 2 :-
4. That the counter-claimants have a good
prima-facie case and the balance of convenience also lies in their favour.
Deponent
Verification: -
Verified that all the contents of this affidavit are true and correct to
the best of my knowledge and belief and nothing has been concealed therein.
Verified at Palwal
on 20.9.2010. Deponent
In the Court of Mrs.Yashika Yadav, Learned Civil Judge
(Junior Division) Palwal.
Smt.Kavita Bhardwaj versus Mahender & others
SUIT FOR PERMANENT
INJUNCTION
COUNTER-CLAIM
AFFIDAVIT
I, Attar Singh
son of Sh.Munshi, resident of Village Karna, Tehsil and Distt. Palwal, do
hereby solemnly affirm and declare as under: -
That we, the
counter-claimants, have filed above noted counter-claim in this Hon'ble Court
and that the contents of the same have been read over to us by our counsel in
simple Hindi language, which we accept to be true and correct and the same may
kindly be read as part of this affidavit in order to avoid unnecessary repetition.
Deponent
Verification: -
Verified that all the contents of this affidavit are true and correct to
the best of my knowledge and belief and nothing has been concealed therein.
Verified at Palwal
on 20.9.2010.
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