BEFORE THE COURT OF LD.

ADDITIONAL DISTRICT JUDGE,

SOUTH DISTRICT, SAKET COURTS, DELHI

CS NO. OF 2024

IN THE MATTER OF:

ASHISH PHOGAT & Ors. …PLAINTIFF

VERSUS

MAHEDER SINGH PHOGAAT & ORS. …DEFENDANTS

INDEX

S. NO. CONTENTS PAGES

1. MEMO OF PARTIES A-B

2. COURT FEES C

3. SUIT FOR DECLARATION OF TITLE AND

PERMANENT INJUCTION ALONGWITH
AFFIDAVIT 1-18

4. LIST OF DOCUMENTS ALONGWITH DOCUMENTS

PLACE: DELHI PLAINTIFF

DATED: THROUGH

ANURAG MALIK
(ADVOCATE FOR THE PLAINTIFF)
CHAMBER NO. 744, WESTERN WING,
TIS HAZARI COURTS, DELHI- 110054
M# 8279698549
 BEFORE THE COURT OF LD. ADDITIONAL DISTRICT JUDGE,
SOUTH DISTRICT, SAKET COURTS, DELHI

CS NO. OF 2024

IN THE MATTER OF:

ASHISH PHOGAT & Ors. …PLAINTIFF

VERSUS

MAHEDER SINGH PHOGAAT & ORS. …DEFENDANTS

MEMO OF PARTIES

1. ASHISH PHOGAAT

S/O LATE SH. MALKHAN SINGH PHOGAAT

R/O 62-A, HUMAYUNPUR VILLAGE,

SAFDARJUNG ENCLAVE, DELHI-110029

2. HAWA SINGH PHOGAAT

S/O LATE SH. SULTAN SINGH PHOGAAT

R/O 62-A, HUMAYUNPUR VILLAGE,

SAFDARJUNG ENCLAVE, DELHI-110029

…PLAINTIFFS

VERSUS

1. SH. MAHINDER SINGH

S/O: LATE SULTAN SINGH

R/O: 99/1, HUMANYUN PUR,

SAFDARJUNG ENCLAVE, SOUTH WEST DELHI;110029

2. Mr. SUNNY PHOGAAT

S/O: LATE SUNDER SINGH(S/O LATE SULTAN SINGH)

R/O: H. NO: 588/2, HUMANYUN PUR,

SAFDARJUNG ENCLAVE, SOUTH WEST DELHI

 110029.

3. Mr. SAMIR PHOGAT

S/O: LATE SUNDER SINGH(S/O LATE SULTAN SINGH)

R/O: H. NO: 588/2, HUMANYUN PUR,

SAFDARJUNG ENCLAVE, SOUTH WEST DELHI

110029.

.…DEFENDANTS

PLACE: DELHI PLAINTIFF

DATED: THROUGH

ANURAG MALIK
(ADVOCATE FOR THE PLAINTIFF)
CHAMBER NO. 744, WESTERN WING,
TIS HAZARI COURTS, DELHI- 110054
M# 8279698549
 BEFORE THE COURT OF LD. ADDITIONAL DISTRICT JUDGE,
SOUTH DISTRICT, SAKET COURTS, DELHI

CS NO. OF 2024

IN THE MATTER OF:

ASHISH PHOGAT & Ors. …PLAINTIFF

VERSUS

MAHEDER SINGH PHOGAAT & ORS. …DEFENDANTS

SUIT FOR DECLARATION OF TITLE AND

PERMANENT INJUNCTION;

MOST RESPECTFULLY SHOWETH:

1. That the plaintiffs herein are law abiding citizen of India and are a
permanent resident of Village Humayunpur, Safdarjunj Enclave,
New Delhi-110029 from the past 30 years.

2. That the plaintiffs and defendants are related to each as the plaintiff
no.1 is the nephew of the Defendant No.1 and cousin brother of the
defendant No. 2 and 3, and all the parties in the suit are the legal
heirs of Mr. Sultan Singh Phogaat (the grandfather of plaintiff no.1,
2 and defendant no.2, 3) and the father of Defendant No.1.

3. That it is further stated in that Mr. SULTAN SINGH PHOGAAT was

the sole owner and was in possession of the property from as
narrated below:

 HOUSE NO.9 & 62-A & 100 all situated at Village

Humanyunpur, New delhi-110029;

 HOUSE NO.80 & 86 all situated at Village Humanyunpur,

New delhi-110029;

 HOUSE NO. 99 & 153 all situated at Village

Humanyunpur, New delhi-110029;

4. That during the lifetime of Mr. Sultan Singh Phogaat the abovesaid
property of Mr. SULTAN SINGH PHOGAAT was used and managed
 by his Four sons as;

 HOUSE NO.9 & 62-A & 100 all situated at Village

Humanyunpur, New delhi-110029: Mr. HAWA SINGH
AND MR. MALKHAN SINGH

 HOUSE NO.80 & 86 all situated at Village Humanyunpur,

New delhi-110029: Mr. SUNDER SINGH

 HOUSE NO. 99 & 153 all situated at Village

Humanyunpur, New delhi-110029: Mr. MAHINDER
SINGH.

5. That the after the death of Mr. SULTAN SINGH PHOGAAT, the
property was inherited as same by his Four Son’s namely Late Mr.
MALKHAN SINGH PHOGAAT(Died on 03.01.2000), Late Mr.
SUNDER SINGH PHOGAAT(died on 12.10.2012), Mr. HAWA
SINGH PHOGAAT and Mr. MAHENDER SINGH PHOGAAT as
Class 1 legal heirs.

6. That the share of Mr. MALKHAN SINGH PHOGAT after his death
was inherited by his son noted as PLAINTIFF NO.1 in the suit and
the share of above of Mr. SUNDER SINGH PHOGAAT after his
death was inherited by their sons noted as DEFENDANT NO.2 AND
3 in the suit, the said property are in peaceful and rightful possession
of the same.

7. That now in the month of June during the search of some documents
the Son of Mr. HAWA SINGH found a registered will dated
07.02.1990 in the name of Mr. SULTAN SINGH lying in the
documents of Late SULTAN SINGH.

8. That after getting the will dated 07.02.1990 Mr. HAWA SINGH called
all the legal heirs of Mr. SULTAN SINGH PHOGAAT and read out
loud and clear the narrations made in the will about the distribution of
the property of Mr. SULTAN SINGH PHOGAAT as mentioned
below;
  HOUSE NO.9 & 62-A & 100 all situated at Village
Humanyunpur, New delhi-110029: Mr. HAWA SINGH
AND MR. MALKHAN SINGH

 HOUSE NO.80 & 86 all situated at Village Humanyunpur,

New delhi-110029: Mr. SUNDER SINGH

 HOUSE NO. 99 & 153 all situated at Village

Humanyunpur, New delhi-110029: Mr. MAHINDER
SINGH.

9. That utter shock and surprise the Defendants herein disputed the
narrations and the distribution of property as mentioned in the
registered will dated 07.02.1990 of Mr. SULTAN SINGH
PHOGAAT and the Defendant No.1, 2 and 3 claimed that they are
also a share holder in the property HOUSE NO.9 situated at Village
Humanyunpur, New delhi-110029, despite that the same has been
transferred as co-owner/co-sharer to the plaintiffs herein as per the
will herein above.

10. That after number of meetings and family sittings the dispute seems to
be not resolving, so the plaintiffs to claim his relief of declaration of
title sent a legal notice dated 14.06.2024 to the Defendants to settle
the matter and amicable divide the property as per the will.

11. That the Plaintiffs has been in continuous and uninterrupted

possession of the House No. 9, Humayunpur Village, Safdarjunj
Encalve, New delhi-110029, from the past 30-35 years and the
plaintiff No.2 was taking the care and maintaining the property as
per mutual understanding of the plaintiffs.

12. That the cause of action firstly arose when on .06.2024, when the
plaintiff got the knowledge of the averments of the will made in his
favor, The cause of action further arose when ownership when the
Defendants disputed the the avermnets of the will and disputed the
claimed the share in the property H. No: 9, House No. 9,
Humayunpur Village, Safdarjunj Encalve, New delhi-110029. The
cause of action further arose as the plaintiffs send a legal notice
 dated 14.06.2024 for amicably settling the dispute to the defendants,
and further arose when the defendants sent a reply to the legal
notice dated 17.06.2024 to the plaintiff. The cause of action is still
subsisting in nature.
13. That the Plaintiffs are in the possession of the property bearing no. H.
No: 9, House No. 9, Humayunpur Village, Safdarjunj Encalve, New
delhi-110029 from the past 35 years as per the mutual understanding of
the all the legal hiers of Mr. Sultan Singh, respect of which the Plaintiff
is seeking relief of declaration to declare the title of ownership as decree
binding on the above said porperty; which relief is valued at
Rs…………………../- for the purpose of jurisdiction, and for the
purpose of court fees the relief of declaration is valued as per the circle
rate of the property and the ad-volrem court fees as per the valuation of
the suit has been already paid bonafidly along-with the additional court
fees of permanent injunction..

14. That the land / property in respect of which the relief of declaration is
sought, is situated within the territorial jurisdiction of this Hon’ble
Court; hence, this Hon’ble Court is competent to try and entertain the
present suit.

PRAYER

It is therefore, in the interest of justice most respectfully prayed that

this Hon’ble Court may kindly be pleased to:

(i) Pass a decree of declaration thereby declaring the title of the

property of H. No: 9, House No. 9, Humayunpur Village,
Safdarjunj Encalve, New delhi-110029 in the favor of the
plaintiffs herein as per the will.
(ii) Pass a decree of permanent injunction restraining the defendants
to create or transfer the right, title and interest of the suit property
to any third person;
(iii) Pass any other or further order as this Hon’ble Court may deem
fit under the facts and circumstances of the present case.

PLACE: DELHI PLAINTIFF

DATED: THROUGH

ANURAG MALIK
(ADVOCATE FOR THE PLAINTIFF)
CHAMBER NO. 744, WESTERN WING,
TIS HAZARI COURTS, DELHI- 110054
M# 8279698549

VERIFICATION

Verified at Delhi on this the day of June, 2024 that the contents of the
paragraphs No 1 to are true and correct to my knowledge, and those of
paragraphs No to are true and correct upon legal information received
and believed to be true.

PLAINTIFF
 BEFORE THE COURT OF LD. ADDITIONAL DISTRICT JUDGE,
SOUTH DISTRICT, SAKET COURTS, DELHI

CS NO. OF 2024

IN THE MATTER OF:

ASHISH PHOGAT & Ors. …PLAINTIFF

VERSUS

MAHEDER SINGH PHOGAAT & ORS. …DEFENDANTS

AFFIDAVIT

AFFIDAVIT OF ASHISH PHOGAT, S/O SH. MALKHAN SINGH

PHOGAAT, R/OH. NO-62A, HUMAYUNPUR VILLAGE,
SAFDARJUNG ENCALVE, NEW DELHI-110029;.

I, the above-named deponent do hereby solemnly affirm on oath and declare

as under:

1. That I am the plaintiff NO.1 in the above noted suit for declaration of
title and permanent injunction and am well conversant with the facts and
circumstances of the case. Hence, competent to swear this affidavit.

2. That the accompanying suit been filed by my counsel under my

instructions. The contents of the same are true and correct. The same are
not reproduced herein for the sake of brevity and may be read as part
and parcel of this affidavit.

DEPONENT

VERIFICATION

Verified at Delhi on this day of , 2024 with solemn affirmation

that the contents of the above affidavit are true and no part of it is false and
nothing is concealed therein.

DEPONENT
 BEFORE THE COURT OF LD. ADDITIONAL DISTRICT JUDGE,
SOUTH DISTRICT, SAKET COURTS, DELHI

CS NO. OF 2024

IN THE MATTER OF:

ASHISH PHOGAT & Ors. …PLAINTIFF

VERSUS

MAHEDER SINGH PHOGAAT & ORS. …DEFENDANTS

AFFIDAVIT OF MR. HAWA SINGH PHOGAAT, S/O LATE

SH.SULTAN SINGH PHOGAAT, R/OH. NO-62A, HUMAYUNPUR
VILLAGE, SAFDARJUNG ENCALVE, NEW DELHI-110029;.

I, the above-named deponent do hereby solemnly affirm on oath and declare

as under:

3. That I am the plaintiff NO.2 in the above noted suit for declaration of
title and permanent injunction and am well conversant with the facts and
circumstances of the case. Hence, competent to swear this affidavit.

4. That the accompanying suit been filed by my counsel under my

instructions. The contents of the same are true and correct. The same are
not reproduced herein for the sake of brevity and may be read as part
and parcel of this affidavit.

DEPONENT

VERIFICATION

Verified at Delhi on this day of , 2024 with solemn affirmation

that the contents of the above affidavit are true and no part of it is false and
nothing is concealed therein.

DEPONENT
 BEFORE THE COURT OF LD. ADDITIONAL DISTRICT JUDGE,
SOUTH DISTRICT, SAKET COURTS, DELHI

CS NO. OF 2024

IN THE MATTER OF:

ASHISH PHOGAT & Ors. …PLAINTIFF

VERSUS

MAHEDER SINGH PHOGAAT & ORS. …DEFENDANTS

LIST OF DOCUMENTS

S. NO. CONTENTS PAGES

PLACE: DELHI PLAINTIFF

DATED: THROUGH

ANURAG MALIK
(ADVOCATE FOR THE PLAINTIFF)
CHAMBER NO. 744, WESTERN WING,
TIS HAZARI COURTS, DELHI- 110054
M# 8279698549