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    (T.P.) Law of Property Project

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    ritik thanvi
    This document is a plaint suit filed by Ram against Shyam, Govind, and Hari. [1] Ram had sold land to Shyam with a condition not to obstruct air/light on Ram's adjoining land, and if violated the property would go to a trust. [2] Shyam sold to Govind who constructed a mall, violating the easement rights, and then sold to Hari. [3] Ram seeks an injunction against construction, demolition of building/mall, and transfer of property to the trust.

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    © All Rights Reserved
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    (T.P.) Law of Property Project

    Uploaded by

    ritik thanvi
    33 views6 pages
    This document is a plaint suit filed by Ram against Shyam, Govind, and Hari. [1] Ram had sold land to Shyam with a condition not to obstruct air/light on Ram's adjoining land, and if violated the property would go to a trust. [2] Shyam sold to Govind who constructed a mall, violating the easement rights, and then sold to Hari. [3] Ram seeks an injunction against construction, demolition of building/mall, and transfer of property to the trust.

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    (t.p.) Law of Property Project

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    This document is a plaint suit filed by Ram against Shyam, Govind, and Hari. [1] Ram had sold land to Shyam with a condition not to obstruct air/light on Ram's adjoining land, and if violated the property would go to a trust. [2] Shyam sold to Govind who constructed a mall, violating the easement rights, and then sold to Hari. [3] Ram seeks an injunction against construction, demolition of building/mall, and transfer of property to the trust.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    33 views6 pages

    (T.P.) Law of Property Project

    Uploaded by

    ritik thanvi
    This document is a plaint suit filed by Ram against Shyam, Govind, and Hari. [1] Ram had sold land to Shyam with a condition not to obstruct air/light on Ram's adjoining land, and if violated the property would go to a trust. [2] Shyam sold to Govind who constructed a mall, violating the easement rights, and then sold to Hari. [3] Ram seeks an injunction against construction, demolition of building/mall, and transfer of property to the trust.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 6

    JAI NARAIN VYAS UNIVERSITY, JODHPUR

    FACULTY OF LAW

    LAW OF PROPERTY
    PROJECT

    TOPIC:- PLAINT SUIT FOR THE PLAINTIFF

    SUBMITTED TO SUBMITTED BY
    DR. AKSHAYA SHUKLA PAWAN THANVI
    19BAL50041
    B.A.LLB (9TH SEM)
    ACKNOWLEDGEMENT

    I Would Like To Express My Special Thanks Of Gratitude To My Teacher


    DR. AKSHAYA SHUKLA she Gave Me The Golden Opportunity To Do This
    Wonderful Project On The Topic PLAINT SUIT FOR THE PLAINTIFF
    Which Also Helped Me In Doing A Lot Of Research And I Come To Know So
    Many New Thing. I Am Really Thankful To Them.

    Secondly, I Would Also Like To Thank My Parents And Friends and there
    support, valuable information, time and guidance, which helped me in completing
    this task through various stages and their encouragement without which this a
    assignment would not be possible.

    Thank you

    PAWAN THANVI
    IN THE COURT OF DISTRICT JUDGE (JODHPUR), RAJASTHAN
    SUIT NO. _____________ OF 2022
    ( SUIT UNDER ORDER XXXIX OF THE CODE OF CIVIL PROCEDURE, 1908)

    IN THE MATTER OF:-

    RAM
    SHRI...... PLAINTIFF

    VERSUS

    SHYAM
    SHRI…… DEFENDANT

    GOVIND
    SHRI…… DEFENDANT

    HARI
    SHRI…… DEFENDANT

    SUIT FOR TEMPORARY INJUCTION FOR RECOVERY OF PROPERTY


    UNDER ORDER XXXIX OF CODE OF CIVIL PROCEDURE, 1908

    FACTS

    THE PLAINTIFF, IN THE ABOVE CASE MOST RESPECTFULLY SUBMIT AS FOLLOWS:-

    I. That the plaintiff had sold a part of his land to the defendant in terms of a sale deed.
    II. That the plaintiff had already directed and imposed a condition to the defendant to not to raise
    construction on the land which would obstruct the passing of air and light on the plaintiff’s adjoining
    land.
    III. That if at any point of time. If the defendant raises the construction by breaching the any said
    condition imposed, then the property shall go to a trust which was basically for the welfare of
    plaintiff’s family.
    IV. That the defendant i.e. Shyam sold the land to further another defendant i.e. Govind.
    V. Defendant i.e. Govind constructed a mall there and was further sold it to another defendant i.e. Hari.
    GROUND

    I. That the defendant i.e., Govind had the knowledge of the condition imposed on the property, still no
    objection was raised by him regarding that and still had purchased the property.
    II. That the i.e. Govind had breached the condition knowingly and constructed mall on that land, which
    violated the Easementary right of the plaintiff and his legal representative.
    III. That the condition imposed by the plaintiff is valid and with the condition only theproperty was assigned
    to defendant i.e., Govind.
    IV. That the property is liable to go to trust made by the plaintiff for his family, as property can only be
    accumulated in trust.
    V. That the hon’ble court has the jurisdiction to entertain this suit because the construction held on the
    property is invalid, as it violates the Easemenatery right of the plaintiff as par the condition imposed.

    PRAYER:-

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

    Kindly:-

    I. Pass a decree for an injunction or compensation in favors of the plaintiff and against his legal
    representatives.
    II. Pass order either the building or mall should be demolished.
    III. Pass order that the property will go to trust.
    IV. Pass order to award the cost of the suit in the favors of the plaintiff and against his legal
    representatives.
    V. Pass such other and further order(s) may be deemed fit and proper on the facts and in the
    circumstances of this case agreed upon.

    PLACE:- JODHPUR PLAINTIFF


    DATE:- 10th December, 2022 THROUGH ADVOCATE
    VERIFICATION:

    Verified at jodhpur on this 07th December,2022, that the contents of paras 1 to 5 of the plaint are
    true to my knowledge derived from the records of the plaintiff maintained in his books, those of
    paras 4&5 Of the part of grounds according to legal advice from my advocate which I believe to be
    true.

    PLAINTIFF
    AFFIDAVIT
    IN THE COURT OF DISTRICT JUDGE (JODHPUR), RAJASTHAN
    SUIT NO. _____________ OF 2022
    ( SUIT UNDER ORDER XXXIX OF THE CODE OF CIVIL PROCEDURE, 1908)

    IN THE MATTER OF:-

    RAM
    SHRI...... PLAINTIFF

    VERSUS

    SHYAM
    SHRI…… DEFENDANT

    GOVIND
    SHRI…… DEFENDANT

    HARI
    SHRI…… DEFENDANT

    AFFIDAVIT OF SH. RAM……..S/O……..AGED ABOUT 00 YEARS


    R/O…….IN THE CAPACITY OF THE LEGAL REPERSENTATIVEOF RAM

    I, …………… the deponent hereinabove do hereby solemnly affirm and state hereunder:

    I. I say that I am the legal representative of the plaintiff and I am aware of the facts and circumstances
    of the present suit based upon the records of the plaintiff maintained in his books and I am duly
    authorized and competent to swear and file the present suit and affidavit.
    II. I say that the accompanying suit has been drafted and filed by my counsel upon my instructions and
    Contents of the same are true and correct.
    III. I say that documents file along with plaint are true copies of originals.

    DEPONENT

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