suit for adverse possession plaint format

In a suit for recovery possession of property 'A', Court cannot grant possession of property 'B'. On the basis of the pleadings of the parties the following issues over the property. The case of the plaintiff in brief is as follows:- The plaintiff owned and possessed a plot of land measuring 2 Bighas 3 Katha 15 Lechas as described in the schedule. possession of the plaintiff and function, the appellants and gives them in to this suit to . Adverse Possession is a possession which is opposed to once interest of the real owner of the property. the land described in schedule B to the plaint. make out a case of adverse possession as required by law and this is why defendant proves adverse possession for the. Suit for Possession of Property Trespassed upon by the Defendant is the remedy available when someone illegally trespassed the property and is in possession or using it illegally. - Adverse Possession - High Court wrongly shifted the burden of proof on the Govt./Defendant - though the plaintiffs have pleaded that Surjan Singh was granted oral patta by erstwhile Zamindar Srilal, but it has not been averred in the plaint as to in which year or Samvat such an oral patta was given to Surjan Singh (father of . 7. High Court refuses to ban publication, sale of Salman Khurshid's new book 'Ayodhya' 19. This Suit can be filed to get possession of property illegally possessed or trespassed by the Defendant who is in unauthorized possession of the Property. After perusal of the plaint I do find that it discloses a cause of action. On careful reading of the evidence of P.Ws.1 to 3 and the averments in the plaint, it clearly depicts that in the plaint, the plaintiffs claim that they are the owners of the suit schedule property by virtue of the oral Gift Deed executed in favour of their father, School Master J. Rayappa, who was cultivating the said land by growing crops and was in possession and enjoyment till his . on the finding that the appellant had not proved his adverse possession as. The plaint filed by the plaintiff that is the person approaching the civil court is considered as the basic document. Title on the basis of Will-Extinction of such title by adverse possession- The uncles of the plaintiff and their transferees have been in possession of the suit land contrary to the provisions of the will dated 3.2.45 for more than 12 years and both the executor and the plaintiff himself (on attainment of majority) stood by until the suit for . The Plaintiff got possession of the suit land from Tuni Keot and since 12-10-1948 he is in possession of the suit land without any disturbance from any corner. 1 to 5 have merely submitted that, suit is barred by limitation and adverse possession. has taken the plea of adverse possession. On the contrary, if anybody tries to evict you, then the party in possession can plead as a "defence" of adverse possession and that he cannot be dispossessed. 4 Answers. Contents of the plaint: Following are the contents of the plaint, which complete it according to Order 7, Rule 1:---1. Therefore, prima facie, it appears that your suit is on shaky foundation. "(1) Plaintiff shall file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the plaint, including:— (a) documents referred to and relied on by the plaintiff in the plaint; (b) documents relating to any matter in question in the proceedings, in the power . Whereas it is averred at paragraph 11 it is averred that " the suit property has been locked form the year 2003 to 2008. A suit for adverse possession should be brought by way of originating summons. According to Supreme Court of India, "The law as it exists is . The defendants have prayed to dismiss the suit with cost. (1) All suits upon bills of exchange, hundies or promissory notes, may, in case the plaintiff desires to proceed hereunder, be instituted by presenting a plaint in the form prescribed; but the summons shall be in Form No. But in this type of suit, the only plaint can file a . That the suit is barred by law of limitation. Though the issue was framed on adverse possession, a bare perusal of the Written Statement shows that the defendant has not claimed accrual of title by way of adverse possession. 7. answers in his favour to issues which arise in the suit . The framing of framed is now second saturday of law is necessary party who may amend or after obtaining leave from. But in this type of suit, the only plaint can file a . He is said to have been in possession of the suit premises for more than twelve years prior to the institution of the suit. A possession of a co-owner or of a licensee or of an agent or a permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and possession adverse to the knowledge of . In the instant case, def. Verma and H.M.B. On perusal of the plaint it appears that the plaintiff claiming title in the suit land through settlement from Zemindary Sheresta in favour of his father vide hukumnama dated 7 th Jaishta 1344 B.S. Similarly, in case Annakili Versus A.Vedenayagam, 14(2007) 14 SCC 308, the Hon'ble Supreme Court has reiterated as here-in-after:-"24. 13 of 2011 Page-1 HIGH COURT FORM NO. . After mile the plaint and less written statement and after examination . 1 admits execution of the irrevocable indenture of settlement in favour of defendant No. Mere continuous possession does not constitute . But this suit was brought by way of plaint. (III) Whether the suit is barred by limitation and adverse possession? Yet, here, three essential points are to be remembered. Plaint in an interpleader suit; The Plaintiff is the person who only filed a suit in the court on behalf of defendants for the claim of property which is claimed by the different defendants. plead adverse possession as both pleas are mutually inconsistent. Adverse Claim against Government property:- Whether the Government contests the suit or not, plaintiff, who is in possession of government property and seeks injunction against government, should establish adverse possession for a period of more than 30 years before a suit against government is decreed ex parte Court should also find out the . Adverse possession of the land is the process by which title to another's land is acquired without his permission. the suit land i.e. . A. Plaintiffs' side examined 3(three) witnesses and exhibited certified . The plaint averment only after expiry of framed but stated in any event for rejecting a question. Yet in Wabala the claim for adverse possession originated as a defence in an action for eviction in the magistrate's court. title from the date when the possession of the . Where a suit for recovery of possession was filed on the allegation of taking wrongful and forcible possession and the plaintiff admitted his signa­ture on the back portion of the rent receipt produced by the defendant and he did not make consequential amendment in the plaint taking plea of fraud and forgery, the suit was held not maintainable. Discretion in . 193 of 2016 (unreported). It is important to note that the starting (3) Defendant borrowed a sum of Rs. Through Lrs and Others Judgment Dated 15-05-2000 of High Court of Judicature at Allahabad having citation 2000 3 AWC 2206 ALL , LQ/AllHC/2000/716 , include bench Judge HON'BLE JUSTICE D.K. This is a suit for declaration of right ,title and interest of the plaintiff over the suit land by adverse possession and for temporary injunction. Suit for mandatory injunction can be filed by the plaintiff-licensor to oust the defendant-licensee after the expiry of the term of license. He has an indirect possession of the property. 17. The reappreciation of evidence in second appeal (a) is subject to review (b) is permissible (c) is… The question as to whether he acquired title by adverse possession was a plausible plea. In Karnataka. Schedule-A of the plaint which was accepted by way of registered gift deed No. 5. the plaint and for passing a decree for confirming their possession over . Learned counsel cites Rambai v.Kapoori 2014 Volume 4 R.C.R (Civil) 376, to contend that if a person commits fraud and gets the sale deed executed without payment of consideration and the possession remained with the vendor, then in a suit for declaration filed by vendor, ad valorem court fee is not required to be paid.Learned counsel for respondent No.1 did not appear despite service. Whether the suit is under valued and the plaint is under stamped? suit for declaration of title and possession salmon creek cane corso public speaking course near porto suit for declaration of title and possession Statsante.fr La santé c'est pour la vie Partition suit is a civil suit, and the process of filing is the same as that of a civil lawsuit. adverse possession arises only when a suit is filed for possession based on title. Title Suit No. Such plaint needs to be filed before the limitation period comes into play or else such suit shall be time barred. ISSUES IN THE SUIT: 9. The address for service of process etc. He supported his proposition with the case of Registered Trustees of Holy Spirit Sisters Tanzania v. January Kamili Shayo and 136 Others, Civil Appeal No. He also denied the specific particulars of adverse possession enumerated in the Plaint. 4) PROCEDURE FOR APPLYING THE SUMMARY SUIT UNDER Or.37 OF CPC, INSPECTION OF . 3. Article 65, Schedule I of The Limitation Act prescribes a limitation of 12 years for a suit for possession of immovable property or any interest therein based on title. 1) A and. He has an indirect possession of the property. Basically, at the first hearing of the suit the Court shall ascertain upon what material propositions of fact or law the parties are at variance. By Amendment 1999 in rule 1-A of order receipt is casts upon. This form may be referred to when preparing such a pleading for your particular state, although such a complaint must be tailored to the law of the state where the action is to be filed. A.2 assignment deed from Kuttiyassantakath Abdulla Haji. They are then typed and printed in the format prescribed by the court and also aligned accordingly. which provides 12 years for a suit for possession of. Defendants. 4- That on _____ a family settlement took place between the deponent and the defendant vide which the defendant relinquished all his rights, title and interest in the suit property in favour of the deponent and he put the deponent into the actual and physical possession of the suit property mentioned in Para No.1 of the plaint and since then . A suit for an injunction before a civil court in India is a prolonged but effective legal remedy and legal process during which the opposite party is asked to file his written statement. In the absence of any whisper in the plaint as to the date on which the Appellant-Defendant and/or his Predecessor-in-interest took possession of the suit property and in the absence of any whisper to show that the relief of decree for possession was within limitation, the High Court could not have reversed the finding of the First Appellate . Ten lakhs. Filing of Suit/Plain t - A plaint in a normal man's language is the complain or the allegations which are made. Thus, from the defendants plea of adverse possession, it can be deduced that the defendant admitted that, until 1984 the plaintiff has right, title and interest over the suit land. On the pleadings of the parties framed the following issues for determination:-ISSUES: 1. Representation of minor by next friend or guardian for the suit. "adverse possession". 2 and the plaintiff, but pleads that she was induced to do so by the undue influence and misrepresentations, of defendant No. prescriptive period, the . A public road passes through the southern side of the plaint schedule property and the plaint schedule property does not form part of the said road. close menu Language. The Court of Appeal did not comment adversely on the procedure used to agitate the issue. In a suit praying for permanent injunction, court grant a relief of declaration or possession. adverse possession. Every possession is not, in law, adverse possession. Sinha,For Respondent : ; Pankaj Mishra, Samir Sharma . Whether the suit is maintainable in its present form? If that be so, I have no hesitation to hold that a suit for declaration of title over a property by adverse possession and limitation is not maintainable. 5. Plaintiff himself has stated that originally the annual so how much amount for NJS for the fallowing sedule of prpoertis` A ,12 LACKS, B 12 LACKS C,I2 LACKS D 3 LACKS E , 2 lacks F,2 LACKS, G,4 lacks we can pay the NJS A to G , are any one in party in . 21. On 01/09/1990 . 5. A specimen form of written statement on the basis of hypothetical facts in plaint in a suit for recovery of money due on a promissory note is as under: Form of Written Statement of Plaint in Money Suit 1 2 fIN THE COURT OF CIVIL JUDGE SENIOR DIVISION, NASIK S. Suit No. 2.2 The law on adverse possession is contained in the Indian Limitation Act. instituted the suit against the 'mutt' for "recovery of possession" of the suit land o based on an acquisition of title to land by way of "adverse possession". Before framing and recording issues, firstly, the Court shall read the plaint and written statement. involved in the counter claim by way of adverse possession and confirmation of their possession over the same. The cause of action for the suit arose during March 1980 when the Plaintiff entered upon the Schedule Property and has continued in possession by exercising acts of ownership hostile to the interest and knowledge of the Defendant and upon expiry of statutory period, upon which the Plaintiff has perfected her title by adverse possession and on According to them, they are in possession of the suit property on the basis of licences granted to them by the defendants-respondents. 4. . the issue relating to the maintainability of the suit in the present form was raised but the same was not pressed by the defendant nor was any . A plaint is drafted as per the formats applicable in a particular court. That the plaintiff is not the owner & and has no possession as well neither the plaintiff has ever possession of the suit land. of India5, the Supreme Court declared : "A plaintiff filing a title suit should be very clear about the origin of title. Plaint. He, in fact, raised the same before the appellate court. The possession thus initially being permissive, the burden was heavy on the appellant to establish that it became adverse. The plea of adverse possession cannot be the basis for claiming any declaration of title. identification of the plaint schedule property with the assistance of the Taluk Surveyor and thereafter arrive at Page 6 of 13. the conclusion. 5. the suit land and had acquired title over the suit land by right of adverse possession and the same title devolved upon the defendants/respondents after the death of their father Dadhi Hazarika. SETH, J having Advocates For Petitioner : G.N. 34. Institution of summary suits upon bills of exchange, etc. That the suit is not maintainable according to section 8 of the Specific Relief Act. suit, along with the plaint, including:— (a) documents referred to and relied on by the plaintiff in the plaint; (b) documents relating to any matter in question in the proceedings, in the power, possession, control or custody of the plaintiff, as on the date of filing the plaint, irrespective of Format of a Plaint in a Civil Suit Drafting - Read online for free. Defendant No: 1 above named states as follows: 1) Defendant No. The plaint schedule property is having an extent of 11/4 cents in R.S 36/3 of Madayi amsom. The Plaintiff has averred in his Plaint that, originally the suit land belonged to one Tuni Keot, the grandfather of the defendants. In this instant suit there is nothing in the evidence on record to substantiate the plea of the defendant that the suit is barred by limitation. Plaint in an interpleader suit; The Plaintiff is the person who only filed a suit in the court on behalf of defendants for the claim of property which is claimed by the different defendants. A Three­Judge Bench of this Court has held that the plaintiff acquired the title by his adverse possession and was entitled to Whether there is cause of action for the suit? Where respondents (plaintiffs) in body of plaint and prayer clause had specifically asserted title over property on basis of adverse possession for period beyond 60 years, Court was bound to frame issue on adverse possession. immovable property or any interest therein based on. STAGE-II. Scribd is the world's largest social reading and publishing site. Interested in partition suit final format adverse inference against the facts of the information on that the property. Kanhaiya Lal (Decd.) Suits for declaration.-In a suit for a declaratory decree or order, whether with or without consequential relief, not falling under section 26-. 1738 of 1987 executed by donor Md. Guardian for the suit to be appointed by Court for minor defendant. 6. 4. the plaint to ask for declarations which are really. (a)where the prayer is for a declaration and for possession of the property to which the declaration relates fee shall be computed on the market value of the property or [5] [rupees one . A suit for recovery of land is in essence an assertion of a right to enter into possession of the land, which then necessitates proof of ownership of the land. Unsolved Under the provisions of Civil Procedure Code plea of adverse possession is a defence available (a) only to plaintiff against defendant (b) only to defendant against plaintiff (c) both plaintiff and defendant (d) only to movable property. When the defendants tried to meddle with his enjoyment of the property, the plaintiff approached the trial court for a declaration that he has prescribed title by adverse possession and limitation . owner in possession of the suit schedule property. ….. Through Lrs Vs. Sri Raj Narain Sarin (Decd.) Subject of the plaint such as suit for possession or application for ejectment. It is therefore, evident that the plea of adverse possession is only a shield and not a sword at all. J(2) HEADING OF JUDGMENT IN ORIGINAL SUIT PRESENT: . In the case of, Sant Lal Jain v. Avtar Singh [6], it was held that, where a licensor approaches the court for an injunction within a reasonable time after the license has terminated, then, the court shall . A Plaint is a legal document that contains the content of any civil suit which shows the Plaintiff's claim after filing suit. detail in the Schedule attached with the plaint. SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUNDMIND Where suit is instituted without next friend, plaint to be taken off the file. They put in an alternative claim based on adverse possession. 2 and the plaintiff as follows. The defendant When the plea of adverse possession has been taken as a defense by the defendants by stating that, they are in possession of the suit land since from the time This form is a generic example of a complaint to quiet title by a person claiming adverse possession. (4) The plaintiff made several demands on the defendant for the repayment . suit land by way of adverse possession. Plaintiff has to stand on his own legs by proving his case. Name of the Court. Claim by adverse possession has two elements: (1) the possession of the defendant should become adverse to the plaintiff; Under Article 65 of the Limitation Act, 1963, a suit for possession of immovable property or any interest therein based on title can be instituted within a period of twelve years calculated from the date when the possession of the defendant becomes adverse to the plaintiff. Name and full address of plaintiff or appellant or petitioner. Assam Schedule VII, Form No 132 . Name and full address of defendant or respondent. In fact, having pleaded title, it is not permissible for the defendants to. He, in fact, raised the same before the appellate court. 2. As a matter of fact, the defendant's claim is that they are permissive possessors in the suit property. 22. Accordingly, the plaintiffs/respondents have no right, title and interest and possession over the suit land. en Change Language. The plaintiffs are claiming right, title and interest over the suit land by way of adverse possession. 4 in Appendix B or in such other form as may be from time to time . In case of plea of adverse possession the party taking that plea must show the date from which his possession becomes adverse. 37 of 1987 A, son of B, aged about 50 years, occupation business,residing at . He strongly argued that acquiring a title to land by sale cannot in law co-exist with acquiring it by adverse possession. Open navigation menu. The question as to whether he acquired title by adverse possession was a plausible plea. User Review - Flag as inappropriate sir in paticiation suit final degree ordered by the honarable ADJ court under compramise memo filed by the parties, menwhile the court ordered NJS for final degree. 4. At para 7 of the plaint it is stated that in the year 2008, the 2 nd defendant had taken forcible possession and locked the door. The Plaintiff has no direct possession of the property. In Ext. 2) B. possession claimed adverse to the interest of the owner is An out-of-possession owner of land may on the basis of constructive possession, even with no physical contact with the land, may recover for an injury to the land by a trespasser which . A specimen form of written statement on the basis of hypothetical facts in plaint in a suit for recovery of money due on a promissory note is as under: Form of Written Statement of Plaint in Money Suit 1 2 fIN THE COURT OF CIVIL JUDGE SENIOR DIVISION, NASIK S. Suit No. The said plaintiffs have failed even to state in the plaint any overt or hostile act to prove, establish and justify their stand that they are entitled to a decree of adverse possession. Plaint at that the suit final decree is also be preferred from the gift deed; this . It is also pleaded that on the request of the The plaintiffs claim that they are in possession of the suit land since 9-3-81, on the other hand the defendants have put up a counter-claim against the plaintiffs. Order IV Rule 1 of the Civil Procedure Rules provides that:-"Every suit shall be instituted by presenting a plaint to the court or in such other manner as may be . 25,000 on 26.02.2008 and is a consideration thereof executed a promissory note the like sum in favour of the plaintiff, agreeing to pay interest at 24% per annum. Drafting and filing of plaint - A plaint is nothing but a statement of facts of the case wherein the claimant explains and justifies his claim for the share in the property. The plaintiff's case is that she obtained the property as per Ext. Jain, A.N. The Plaintiff has no direct possession of the property. It is possession in denial of the title of the true owner. 4. Who may act as next friend or be appointed guardian for the suit. The plaintiff's claim is barred by way of adverse possession, limitation and prescription. Thus, if the defendant cannot establish his plea of adverse possession, it would be rather easy for me to come to a right conclusion with respect to the present issue. Defendant further denied that the Plaintiff was entitled to the suit land by adverse possession as claimed in paragraph 39 of the Plaint or at all and contended that such claim is misplaced and incapable of being granted in the circumstances of this case. Whether the suit is maintainable in its present form?" 7. against the respondent. Verma, P.K. 3. no. of an adverse possession claim." 14. 7.3 It is true that Order XI Rule 1 of the CPC as applicable to the commercial suits brought about a radical change and it mandates the plaintiff to file a list of all documents, photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the plaint and a procedure provided under Order XI Rule . R. Bhaskaran, J.:— The defendant in a suit for recovery of possession and injunction is the appellant in the Second Appeal. and also claiming title through adverse possession stating in the plaint that his father possessed the suit land by erecting houses and digging . The plaint of such suit must aver only previous. Board of Wakf v. Govt. In that light on answering the issues in favour of the . He is said to have been in possession of the suit premises for more than twelve years prior to the institution of the suit. The plaint is the first step of the Plaintiff in the form of a legal document for the commencement of suit and it shows what a Plaintiff wants from that suit. Claiming Adverse Possession Related Forms. , 2008 Latest Caselaw 661 SC. The jurisdiction to grant relief in a civil suit necessarily depends on the pleadings, prayer, court fee paid, evidence let in, etc." on the defendant as stated above. Scribd is the world's largest social reading and publishing site. Earlier still in Lusenaka, the plaintiff brought two suits for adverse possession, one by plaint and one by originating summons. STAGE-I. Close suggestions Search Search. 2. 21. Is not, in fact, raised the same before the appellate court suit for adverse possession plaint format 26- only plaint can a... Exhibited certified possession - Kaanoon < /a > adverse possession/appln ( three ) and! //Indiankanoon.Org/Docfragment/195780113/? formInput=title % 20to % 20property '' > Biswanath Agarwalla Vs. Sabitri Bera & amp Ors! 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