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BEFORE THE HON,BLE COURT OF CIVIL JUDGE [SD],JHANSI

1. Prem D/o Satbir [Age 13 Years /Minor].

2. Khusbu D/o Satbir [Age 8 Years /Minor].

Through their real Mother as Natural Guardian as Smt.Priyanka W/o Satbir

s/, R/o Village Muttu and Distt. Jhansi

………Plaintiffs.

Versus.

1. Smt. Rukmani w/o Sh. Vijay Kumar, R/o Village Village Muttu and Distt.
Jhansi

2. Satbir s/o Lalu, , R/o Village R/o Village Muttu and Distt. Jhansi

…………….Respondents.

SUIT FOR DECLARATION & PERMANENT INJUNCTION.

Hon,ble Sir,

The Plaintiffs most respectfully submits as under:-

1. That the plaintiffs are owner & in possession of agriculture land

according to their share in comprising in Khewat No. 536 , Khatoni
No. 476 , Mustil no. 51 killa No. 3/3/1 (0-1), Mustil No. 56
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Killa No. 2 (8-0), 9/1(7-2), Mustil No. 62 Killa No. 13/2(4-0),

18(8-0), 19(8-0), 22(8-0), 23 (8-0) , Mustil No. 71 Kila No.
2(8-0), 3 (7-11), Khasra No. 202 (1-0), 369 (0-3) Kitta 12 Total
land measuring 67 Kanal 17 Marla as shares of 1/12 as 5 Kanal
13 Marla through release deed No. 2021 dated 13.2.2008 (herein
called suit property for the sake of brevity)in revenue area of Village
R/o Village Muttu and Distt. Jhansi

2. The respondent no.2 had his share as 113/2436. The total area of
khewat no.336 is 121 kanal and 16 Marlas and the respondent
no.1 had his own shares as 1/12 as 10 Kanal 3 Marlas and 1 Marla
in Khewat no. 337. The respondent no. 2 had already sold 2 Kanal 5
Marla + 2 Kanal 5 Marla at two occasion already. Thereafter
remained 5 Kanal 13 Marla land and he had released this land to her
daughters through release deed on dated 13.2.2008. (Original Copy
of release deed and jamabandi for the year 2004-05 are
enclosed).

3. That the respondent no.2 is the real father of the plaintiffs and he
has no more children. The respondent no.2 had executed a registered
release deed in the favor of the plaintiffs due to love and affection on
dated 13.2.2008 on his free will and without any burden and pressure
of any person through vide vasika no. 2021 about the his share suit
property which is mentioned in Para no.1 of the plaint in the presence
of many respectable persons.

4. That the respondent no.2 has a very bad habit of drinking and after
the drinking his behavior against her wife i.e. Smt. Priyanka was very
cruel. So his wife was residing separately from the respondent no.2
after execution of the release deed. His wife is working as laborer in
company at Gwaliar and residing with the plaintiffs at above mentioned
addresses. Even the family members of the respondent no 2. was also
against him due to his bad habits of drinking.
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5. That the respondent no.2 has sold the suit property through
registered sale deed no.2021 of dated 27.6.08. to respondent
no.1, which he had already released to the plaintiffs through the
registered release deed of dated 13.2.2008.Which is illegal , against
the law and void from very beginning and not binding upon on the
plaintiffs.

6. That the mother of the plaintiffs has got some information from his
father that on dated 14.2.12 that his husband/respondent no.2 is
behind the Bars in a criminal case and he had sold his share of land,
which he already released in favor of the plaintiffs. The mother of the
plaintiffs then inquired the matter from the villagers and got the
certified copy of the sale deed on dated 2.3.12.

7. That the sale deed no.2021 of dated 27.6.08 which is executed by

the respondent no.2 in the favour of the respondent no.1 is void,
illegal and against the law from very beginning, and not binding
upon on the plaintiffs. The mother of the plaintiff has sent a complaint
to S.P.Jhansi through registered post to registered a criminal case
against the respondent no.2 and as well as respondent no.1. because
the respondent no.1 has every knowledge about the release deed of
the plaintiffs.

8. That the suit property falls in the jurisdiction of the hon,ble court,
Jhansi and the registrar office, where the forge sale deed was executed
also located in the territorial jurisdiction of the hon,ble court , So the
hon,ble court has jurisdiction to entertain and trail the present case.

9. That the cause of action firstly arise on dated 27.6.08 ,when the
disputed sale deed was executed and thereafter the once again, when
the plaintiffs mother asked the respondent no.1 to declare the sale
deed in dispute null and void and not binding upon on the plaintiffs on
dated 4.3.12 and the respondent no.1 refused to do so. So the
present suit is filling.
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10. That the proper court fee has been affixed on the plaint.

11. That no suit is pending or decided about the present suit property in
any court of India.

12. That the plaintiffs, therefore, prays that -

(A) That grant a decree of declaration to the effect of this

declaration that the sale-deed, dated no.2021 of dated 27.6.08,

registered with the office of the Sub-Registrar, Jhansi, at Sr. No. no.2026

of dated 27.6.08 which is in the favor of the respondent no.1 by the

respondent no.2, be declare null and void and inoperative to

plaintiffs as suit property as mentioned in Para no.1and 2 of the plaint

(B) The plaintiffs alternatively prays that, if the Hon'ble Court comes

to the conclusion that the sale-deed is not void, the plaintiffs claims that it

be declared that the said sale-deed is not binding on the plaintiffs extent

to the shares of the plaintiffs ,which are mentioned in Para no.1 and 2 of

the plaint as suit property.

(C) That it is prayed that the respondent no.1 be restrained to

alienate, damages or any kind of wastage of the suit property and create

any right and title of other party during the pendency of the suit. If the

respondent no.1 succeeded to dispose off the plaintiffs from the

possession OR alienate the suit property in any manner in that event the

possession should be handover to the plaintiffs and makes them owner as

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they were as before filing of the suit and also declare any kind of

alienation null and void and not binding upon on the plaintiffs.

(D) Any other relief which the Hon’ble Court may deems fit and proper be

also granted in favour of the plaintiff and against the defendants.

Verification :- Plaintiffs.

Verified that the contents of 1. Prem D/o Satbir

Para No. 1 to 12 are true 2. Khusbu D/o Satbir

and correct to the best of my

Through their Mother as Natural
knowledge and belief and
Guardian as Priyanka W/o, R/o
nothing has been concealed
Village Mutu Distt Jhansi.
thereon.

Through Counsel :

Date : 22.12.23

Place : Jhansi
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