IN THE COURT OF Sh.

JAGMEET SINGH CIVIL JUDGE (JUNIOR DIVISION),

CHANDIGARH, (U.T.)

Jatinder , s/o late sh. ujaagar singh, R/o h. no. 1431/24, sector-29-B,
Chandigarh
…….. Plaintiff
v/s

1. Paramjeet kaur, w/o late sh. ujaagar singh, R/o H. no. 1431/24 sector-29-b,
Chandigarh
2. Sukhdev singh, s/o Acchar singh, R/o H. no. 1027 phase 3-b2, Mohall,
Punjab
3. Harsimran, S/o sukhdev singh, R/o h. no. 1027, phase 3-b2, Mohall Punjab
4. Estate office, Through Estate officer, sector- 17 ,Chandigarh (u.t.)

………. Defendants

Suit for the declaration for separate

possession by partition of h. no.
1431/24, sector-29-b between the
plaintiff and defendant no.1 to the
extent of 1/2share each

suit for the declaration to the effect

that the sale agreement of the house
no. 1431/24, sector-29-b, Chandigarh
between the defendant no.1 and 2
DATED 19.09.2015 is to be treated as
a null and void and illegal and the
rights appurtenant to as the same is
the result of fraud,
misrepresentation, cheating, mischief
and having no value in the eyes of
law.
 A decree for permanent injunction
restraining the defendants from
dispossessing the plaintiff from the
peaceful and lawful possession of the
two rooms and jointly possession of
bathroom , kitchen , latrine of the
house no. 1431/24 of sector- 29-b
Chandigarh and further restraining
the defendant no.1 to 3 from selling,
alienating, transferring or
mortgaging the suit property to
anybody else through any body else
or their attorney, agent or servant or
any property dealer, illegally and
forcibly in any way in any manner

Plaint under order 7 rule 1 of C.P.C

Respectfully showeth:-
1. That the plaintiff is the owner and in the possession of the two rooms
(10*12 each) in the above suit property and the defendant No. 1 In the
possession of the hall comprising of (11*13) and the latrine , bathroom
and kitchen has been shared jointly by the plaintiff and defendant no.1.

2. That the defendant no.1 is the step mother of the plaintiff. As the
natural mother named nirmal kaur got died in the year 1993 and for the
welfare and the upbringing of the plaintiff, the father of the plaintiff got
remarried to the defendant no.1 in the year 1995.

3. That the father of the plaintiff along with the defendant no.1 purchased
the suit property in question from the defendant no. 2 through GPA on
dated on dated 5th june 1995. It is important to mention here that the
 GPA executed by the defendant no.2 in the favour of the father of the
plaintiff and defendant NO.1 in irrevocable one and along with the GPA
the defendant no.2 also signed the duly sworn affidavit.

4. That now the defendant no.2 in –connivance with the defendant no.1,
without cancelling the earlier GPA executed by the defendant no. 2 on
dated 05th June 1995, in the favour of the father of plaintiff and
defendant no.1 and without informing the plaintiff, being the legal heir
of his father malafidely and knowingly and with wrongful intention got
into agreement to sell with the defendant no.1 who is the step mother
of the plaintiff, and in the presence of defendant no. 3 named
Harsimran, S/o sukhdev singh, R/o h. no. 1027, phase 3-b2, mohali
Punjab again on dated 19th September 2015 regarding the sale of the
house no.1431/24, sector-29-b Chandigarh which is to be treated as
null and void and illegal and the rights appurtenant to that agreement
and the agreement has no value in the eyes of law as the same has
been done with the ulterior motive to dispossess the plaintiff from the
peaceful and lawful possession of the house no.1431/24, sector-29-b
Chandigarh,

5. That it is important to mention here that the property in question i.e.

house no.1431/24, sector- 29-B has been purchased by the meets and
bounds arranged by the father of the plaintiff as earlier the father of the
plaintiff along with plaintiff and defendant no.1 was residing at Ludhiana
and after selling their house and other property at Ludhiana the father
of the plaintiff got purchased this property in question i.e. house
no.1431/24, sector-29-b Chandigarh. it is important to mention here
that the plaintiff has only this property which he acquired being the
legal heir of his father, after the death of his father, except this one
plaintiff has no other property.
6. That the father of the plaintiff got died on dated 5th jan 2003 and after
the death of the father of the plaintiff, being the legal heirs of his father
plaintiff got acquired the rights and interest and title in the property of
his father i.e. house no.1431/24, sector-29-b Chandigarh and became
the absolute owner and in the possession of the suit property.

7. That the defendant No.1 who is the step mother of the plaintiff is now
having the constrained relationship with the plaintiff and now she want
to dispossess the plaintiff from the lawful and peaceful possession of the
house no 1431/24 sector- 29-b, Chandigarh.

8. That the defendant no.1 is using all illegal and unlawful means for
dispossessing the plaintiff from the suit property. as on the earlier
occasion she tries to dispossess by filing the false cases and complaint
against the plaintiff

9. That when all the act or conduct, done or committed by the defendant
No.1 did not did not prove to be a fruitful than the defendant no. 1
have filed the civil suit against the plaintiff on dated 01.09.2015 titled
as “ paramjit kaur v/s jatinder “ as “ suit for the mandatory injunction
directing the defendant to vacate the house no.1431/24 sector 29-b
Chandigarh. on false and flimsy grounds, which is pending in the court of
sh. gurkiran singh, civil judge (junior division) and not only this the
defendant no. 1 also filed the criminal case against the plaintiff by falsely
implicating the plaintiff in the false criminal cases under section 12 of
the protection of the women against the domestic violence Act 2005 ,
the same is pending before the court of Smt. Rekha chaudhary ,jmic,
Chandigarh.

10.That It is important to mention here that all the electricity bills, and
water charges and other charges has been duly paid by the plaintiff and
 plaintiff has a legal right on the property being the legal heir of his
father and the rights and interest and title in the property acquired by
him i.e. house no.1431/24 sector 29-b Chandigarh after the death of his
father.

11.that it is important to mention here that when the father of the plaintiff
got remarried to the defendant no.1. the plaintiff was of aged 9 years at
that time and the upbringing of the plaintiff was done by the father of
the plaintiff and defendant No. 1 but the defendant No1 always looked
towards the feeling of hatred, jealous towards the plaintiff and never
provide the due love, care and affection towards the plaintiff, after the
death of the father of the plaintiff the defendant no. 1 keep on
harassing the plaintiff. Not only this, the plaintiff has also played the
important role in making the plaintiff a physical impotent person by
administering the adversely effected medicines to him. it is important
to mention here that, now plaintiff is suffering from various health
problem and mental disorder and is undergoing the regular and proper
treatment being done at PGI. Sector-12, Chandigarh other medical
institutions since 2010. And all the liabilities, medical expenses and
expenses of the dally household affairs has been borne by the wife of
the plaintiff

12.that the defendant no.1 in working in a anganwadi and having a

handsome salary and also having a high links up in the society and
administration and making the undue influence and harassing the
plaintiff with the ulterior motive to dispossess him from the house no.
1431/24, sector- 29-b Chandigarh and because of her high links up in the
society she got managed to get the fresh and illegal agreement to sell
with the defendant no.2

13.that after bearing al the atrocities committed upon the plaintiff by the
defendant no. 1 and the way the defendant no 1 to 3 are doing their
mischievous acts to dispossess the plaintiff from the house no. 1431/24,
 sector- 29-b Chandigarh. The plaintiff has left with no other alternative
except to file this suit ,hence this case has been filed.

14.that cause of action firstly arose on dated of 15 September 2016 when

the defendant no.1 tender the agreement to sell dated 19.09.2015 in
their evidence in the case titled “paramjit v/s jatinder” pending in the
court of Sh. Gurkiran singh Civil judge, (junior division) and has been
arising concurrently again and again as the defendant no.1 inn-
connivance with the defendant no 2 & 3 is committing various acts or
conducts to dispossess the plaintiff from the peaceful and lawful
possession of the house no. 1431/24, sector- 29-b, Chandigarh.

15.that after knowing this fact, the plaintiff got shocked and to save his
right and interest in the property the plaintiff has moved the application
before the estate officer, requesting not to transfer the house no.
1431/24 sector- 29-b, Chandigarh in the name of the defendant no.1 or
in the favor of any other person.

16.that all the defendant no.1 to 3 are playing the important role in
dispossessing the plaintiff from the house no. 1431/24 sector- 29-b,
Chandigarh , by doing mischievous act in-connivance with each other.
hence the suit has been fled

17.That plaintiff has not filed any other suit or against the defendant no.1
or any of the defendant in any court of law.

18. The defendant no.1 has filed a civil suit titled as “ paramjit v/s jatinder”
as “ suit for the mandatory injunction directing the defendant to vacate
the possession of the house no. 1431/24 which is pending in the court of
sh. Gurkiran singh , civil judge , (junior division) , Chandigarh and other
false and criminal case against plaintiff and his wife tiled as “ paramjit
v/s jatinder and charnajit” which is pending in the court of Smt. Rekha
chaudary, JMIC, Chandigarh.
 19.That the suit is well within the limitation.

20.That the requisite court fess as been fixed on the plaint the value of the
suit for the purpose of the court fee and jurisdiction is fixed at Rs.180/-
for each of the three reliefs upon which the court fees of Rs. 75/- has
been paid on this plaint.

21.That the property in question is situated in Chandigarh, plaintiff and the

defendant no.1 also resides in Chandigarh (u.t.) and the GPA dated 05
june 1995 also got executed by the defendant no. 2 in the favour of the
father of the plaintiff and defendant no. 1 in Chandigarh. . now the false
and fabricated and forged agreement to sell between the defendant no.
2 inn connivance defendant no.1 along with defendant no. 3 also got
done in Chandigarh. Therefore this honorable court is fully competent to
entertain, try and decide this present suit

Prayer:- It is respectfully prayed that the suit of the plaintiff may kindly be dereed
with the cost and decree for the separate possession by partition of h. no.
1431/24, sector-29-b between the plaintiff and defendant no.1 to the extent of
1/2share each may be passed in the favour of plaintiff in the interest of natural
justice and law, and,

decree to the effect that the sale agreement of the house no. 1431/24, sector-29-
b, Chandigarh between the defendant no.1 and 2 is dated 19 September 2015 to
be treated as a null and void and illegal and the rights appurtenant to as the same
is the result of fraud, misrepresentation, cheating, mischief and having no value in
the eyes of law. May be passed in the favour of plaintiff in the interest of natural
justice and law, and,

AND,
A decree for permanent injunction restraining the defendants from dispossessing
the plaintiff from the peaceful and lawful possession of the two rooms and jointly
possession of bathroom , kitchen , latrine of the house no. 1431/24 of sector- 29-
b Chandigarh and further restraining the defendant no.1 to 3 from selling,
alienating, transferring or mortgaging the suit property to anybody else through
anybody else or their attorney, agent or servant or any property dealer, illegally
and forcibly in any way in any manner, may be passed in the favour of plaintiff in
the interest of natural justice and law,

And

Any other relief which the honorable court thinks deems fit may be passed in the
favor of plaintiff interest of natural justice and law.

date plaintiff
place

Through counsel
(Dixit Dhiman)
Advocate
 IN THE COURT OF Sh. JAGMEET SINGH CIVIL JUDGE (JUNIOR DIVISION),
CHANDIGARH, (U.T.)

Jatinder v/s Paramjeet kaur,

Suit for the decree for partition, declaration, permanent

injunction
AFFIDAVIT

I, Jatinder , s/o late sh. ujhaagar singh, aged 35 years R/o H. no. 1431/24, sector-
29-B, Chandigarh, do hereby solemnly affirm and declare as under :-

1. That the deponent has filed the above titled suit and the same is
pending before this Hon'ble Court.

2. That for the sake of brevity, the contents of the plaint are not being re-
produced hereunder and the same may kindly be read as a part and
parcel of this Affidavit.

3. That the contents of the Paras No.1 to 18 of the plaint are true and
correct to the knowledge of the deponent and the contents of the Paras
No. 19 to 21 of the plaint are true and correct to the belief of the
deponent being based on legal advice.

Dated : DEPONENT
Place:-
VERIFICATION : -Verified that all the contents of Paras No.1 to 3 of the
Affidavit are true and correct to my knowledge.

Dated : DEPONENT
Place:-
 IN THE COURT OF Sh. JAGMEET SINGH CIVIL JUDGE (JUNIOR DIVISION),
CHANDIGARH, (U.T.)

Jatinder v/s Paramjeet kaur,

Suit for the decree for partition, declaration,

permanent injunction
Application under Order 39 Rules 1 & 2 read
with Section 151 CPC for grant of ad-interim
injunction till the decision of the suit.

Sir,

The Applicant/Plaintiff submits as under :-

1. That the applicant/plaintiff has filed the above titled suit and the
same is pending before this Hon'ble Court. The contents of the plaint may
kindly be read as a part and parcel of this Application.
2. That there is a good prima facie case in favour of the applicant/plaintiff
and against the respondents/defendants.
3. That the balance of convenience is also in favour of the applicant/plaintiff
and against the respondents/defendants.
4. That the defendant no.2 in –connivance with the defendant no.1, without
cancelling the earlier GPA executed by the defendant no. 2 on dated 05th
June 1995, in the favour of the father of plaintiff and defendant no.1 and
without informing the plaintiff, being the legal heir of his father malafidely
and knowingly and with wrongful intention got into agreement to sell with
the defendant no.1 who is the step mother of the plaintiff, and in the
presence of defendant no. 3 named Harsimran, S/o sukhdev singh, R/o
h. no. 1027, phase 3-b2, mohali Punjab again on dated 19th September
2015 regarding the sale of the house no.1431/24, sector-29-b Chandigarh
which is to be treated as null and void and illegal and the rights
 appurtenant to that agreement with the ulterior motive to dispossess the
plaintiff from the peaceful and lawful possession of the house no.1431/24,
sector-29-b Chandigarh, now, Defendants have threatened to seek
transfer of title, ownership and possession of the house no.1431/24,
sector-29-b Chandigarh, in their names or in the name any person or in the
name property dealers of which they have got no right or interest.
5. That the applicant-plaintiff shall suffer an irreparable loss and injury which
shall never be compensated in terms of money, in case, the ad-interim
injunction is not granted in favour of the applicant-plaintiff and against the
respondents/defendants, and in that event, the very purpose of filing the
present suit shall be frustrated.

It is, therefore, prayed that a temporary injunction may kindly be granted in

favour of the applicant/plaintiff and against the respondents-defendants
restraining dispossessing the plaintiff from the peaceful and lawful possession of
the two rooms and jointly possession of bathroom , kitchen , latrine of the house
no. 1431/24 of sector- 29-b Chandigarh and further restraining the defendant
no.1 to 3 from selling, alienating, transferring or mortgaging the suit property to
anybody else through anybody else or their attorney, agent or servant or any
property dealer, illegally and forcibly in any way in any manner, whatsoever till
the decision of the suit.

date plaintiff
place

Through counsel
(Dixit Dhiman)
Advocate
 IN THE COURT OF Sh. JAGMEET SINGH CIVIL JUDGE (JUNIOR DIVISION),
CHANDIGARH, (U.T.)

Jatinder v/s Paramjeet kaur& others

Suit for the decree for partition,

declaration, permanent injunction

AFFIDAVIT

I, Jatinder , s/o late sh. ujhaagar singh, aged 35 years r/o h. no. 1431/24, sector-
29-B, Chandigarh do hereby solemnly affirm and declare as under :-

1. That the deponent has filed the above titled suit and the same is
pending before this Hon'ble Court. The contents of the plaint may
kindly be read as a part and parcel of this Affidavit.

2. That there is a good prima facie case in favour of the deponent and
against the respondents-defendants.

3. That the balance of convenience is also in favour of the deponent and

against the respondent/dependent.

4. That the defendant no.2 in –connivance with the defendant no.1,

without cancelling the earlier GPA executed by the defendant no. 2 on
dated 05th June 1995, in the favour of the father of plaintiff and
defendant no.1 and without informing the plaintiff, being the legal heir
of his father malafidely and knowingly and with wrongful intention got
into agreement to sell with the defendant no.1 who is the step mother
of the plaintiff, and in the presence of defendant no. 3 named
Harsimran, S/o sukhdev singh, R/o h. no. 1027, phase 3-b2, mohali
Punjab again on dated 19th September 2015 regarding the sale of the
house no.1431/24, sector-29-b Chandigarh which is to be treated as
 null and void and illegal and the rights appurtenant to that agreement
with the ulterior motive to dispossess the plaintiff from the peaceful
and lawful possession of the house no.1431/24, sector-29-b
Chandigarh, now, Defendants have threatened to seek transfer of title,
ownership and possession of the house no.1431/24, sector-29-b
Chandigarh, in their names or in the name any person or in the name
property dealers of which they have got no right or interest.

5. That the deponent shall suffer an irreparable loss and injury which shall
never be compensated in terms of money, in case, the ad-interim
injunction is not granted in favour of the deponent and against the
respondents-defendants and in that event, the very purpose of filing
the present suit shall be frustrated.

Dated : DEPONENT
Place:-
VERIFICATION : -Verified that all the contents of Paras No.1 to 5 of the
Affidavit are true and correct to my knowledge.

Dated : DEPONENT
Place:-
 IN THE COURT OF Sh. JAGMEET SINGH CIVIL JUDGE (JUNIOR DIVISION),
CHANDIGARH, (U.T.)

Jatinder v/s Paramjeet kaur & others

In Re:- suit for a decree for partition ,

declaration and permanent injunction

Reply on behalf of the plaintiff to the

application filed by the defendant no.1 and
2 under order 7 rule 11 of CPC for the
rejection of the plaint

Sir,

The plaintiff submits as under:-

PRELIMINARY OBJECTIONS:-

1. That the application in the present form is not maintainable.

2. That the defendant no.1 & 2 is stopped by his own act and conduct from
filing the present application. The defendant no.1 & 2 took the objection
for the rejection of the plaint which is totally untenable. The honorable
court has to see the contents of the plaint and the defence is not to be
seen. Proper court fees as required by law have been paid. Hence this
application filed by the defendant no.1 and 2 deserves to be dismissed.

On Merits:-

1. That the Para no.1 of the application is correct.

2. That the Para no.2 of the application is incorrect. The plaintiff has filed the
suit for the declaration/ partition to the effect that the plaintiff is entitled
to the ½ of the share as mentioned in the plaint.
3. That the Para No.3 of the application is incorrect. The proper court fees as
required by the law have been paid on the plaint. In the suit for the
partition, a fixed court fee of Rs. 25/- is required to be paid which has
 already been paid. the suit filed by the plaintiff is likely to be decreed with
the costs
4. That the Para no.4 of the application is incorrect. The plaintiff has filed the
present suit in order to exercise his right made available to the plaintiff by
statute. the right to property is a fundamental right granted under the
constitution of India

Prayer clause is incorrect

It is therefore respectfully prayed that the application filed by the defendant no.1
& 2 may kindly be dismissed, the same being filed without any merits and aia also
against the interest of natural justice and law

Date plaintiff
Place Jatinder , s/o late sh. ujaagar singh, R/o h.
no. 1431/24, sector-29-B,
Chandigarh
IN THE COURT OF SH. JAGMEET SINGH CIVIL JUDGE (JUNIOR DIVISION),
CHANDIGARH, (U.T.)

Jatinder v/s Paramjeet kaur & others

In Re:- suit for a decree for partition ,

declaration and permanent injunction

Replication cum rejoinder on behalf of the

plaintiff to the written statement filed by
the defendant no. 1

Respectfully Showeth:-

Preliminary objections:-

1. That the written statement filed by the defendant no. 1 is not maintainable
being not drafted and verified in consonance with the provisions of law, as
such , the same is not to be considered and be ignored and the suit filed by
the plaintiff is liable to be decreed out rightly with costs and special costs
2. That the defendant no. 2 intentionally and deliberately avoiding himself
from appearing before the honorable court as the defendant no.1 along
with defendant no.2.wants to grabs the share of the plaintiff in the
property of his father as both the agreement to sell and G.P.A. executed by
defendant no.2 in favour of defendant no.1 are under the clouds of the
suspicion as the same in done with the ulterior motive to grab the share of
the plaintiff and to dispossess him from the peaceful and the lawful
possession of his father’s self acquired property.

Reply to the preliminary objections:-

1. That the contents of the par ano.1 of the preliminary objection are legal
one, as the plaintiff being the legal heir of his father has the very right to
get his share in his father’s property after the death of his father
2. That the contents of the Para no.2 of the preliminary objections are not
tenable as the as the proper court fees has been affixed on the plaint
3. That the contents of the Para no.3 of the preliminary objections are wrong
and hence denied. the valid cause of action has been arisen in the favor of
the plaintiff. it is important to mention here that cause of action firstly
arose on dated of 15 September 2016 when the defendant no.1 tender the
agreement to sell dated 19.09.2015 in their evidence in the case titled
“paramjit v/s jatinder” pending in the court of Sh. Gurkiran singh Civil
judge, (junior division) and has been arising concurrently again and again
as the defendant no.1 inn- connivance with the defendant no 2 & 3 is
committing various acts or conducts to dispossess the plaintiff from the
peaceful and lawful possession of the house no. 1431/24, sector- 29-b,
Chandigarh.
4. That the contents of the Para no.3 of the preliminary objections are denied.
. the suit has been filed by the plaintiff to safeguard his rights and interest
in the property of his father being the legal representatives of his father
against the act and conduct done by the defendant no.1 ,2, and 3 to grab
the share of the plaintiff in the property pf his father.
5. That the contents of the para no.5 of the preliminary objections are denied.
It is denied that the plaintiff has ever tried to derive the benefit of his own
wrong. That the plaintiff is residing in the property of his father being the
legal representatives of his father and having the rights and interest in the
property of his father acquired by him being the legal representative of his
father . it is the defendant no. 1 who in connivance with the defendant no.2
and 3 want to grab the share of the plaintiff and want to dispossess him
from the peaceful and lawful possession of his father’s property and want
to sell the property to fetch the huge monetary gains . The act and
conduct of the defendant no.1 of fabrication of false documents is evident
in itself to show the ulterior motive of the defendant no. 1. It is also denied
that any GPA has been stolen by the plaintiff. it is the defendant who
alleged falsely upon the plaintiff in order to dispossess him and to grab his
share and to fulfill her illegal desire not only this the defendant no.1 filed
various complaints against the plaintiff and than a criminal case in order to
pressure him and to grab his share n the property and other civil suit has
 also been filed by the defendant against the plaintiff to dispossess him
from his father’s property.
6. That the contents of the Para no. 6 of the preliminary objections are
denied. the plaintiff has approached before the honorable court after
being aggrieved by the act and conduct done by the defendant no.1 inn –
connivance with the defendant No.2 &3 with the ulterior motive to grab
the share of the plaintiff and to make the huge monetary gains by
dispossessing him from the his peaceful and lawful possession in the
property.

Replication cum rejoinder to the reply on merits:-

1. That the contents of the para no.1 of the written statement are wrong and
denied. Plaintiff is the owner and in the possession of the two rooms
(10*12 each) in the above suit property and the defendant No. 1 In the
possession of the hall comprising of (11*13) and the latrine , bathroom and
kitchen has been shared jointly by the plaintiff and defendant no.1.
2. That the contents of the para no. 2 are admitted to the extent that
defendant No.1 is the step mother of the plaintiff. It is denied that the
plaintiff was being cared by the defendant no. 1 as her own son. On the
other hand defendant no.1 always looked towards the feeling of hatred,
jealous towards the plaintiff and never provide the due love, care and
affection towards the plaintiff, after the death of the father of the plaintiff
the defendant no. 1 keep on harassing the plaintiff. Not only this, the
plaintiff has also played the important role in making the plaintiff a physical
impotent person by administering the adversely effected medicines to him.
it is important to mention here that, now plaintiff is suffering from various
health problem and mental disorder and is undergoing the regular and
proper treatment being done at PGI. Sector-12, Chandigarh other medical
institutions since 2010. And all the liabilities, medical expenses and
expenses of the dally household affairs has been borne by the wife of the
plaintiff
3. That the contents of the Para no.3 of the written statement are denied. It
is denied that any sort of help was given or received by the father of the
defendant no. 1 . the defendant no. 1 cooked up a false story to take the
 benefit of his own wrong because he want to grab the share of the plaintiff
inn-connivance with defendant no.2 & 3.it is important to mention here
that the property in question i.e. house no.1431/24, sector- 29-B has been
purchased by the meets and bounds arranged by the father of the plaintiff
as earlier the father of the plaintiff along with plaintiff was residing at
Ludhiana and after selling their house and other property at Ludhiana the
father of the plaintiff got purchased this property in question i.e. house
no.1431/24, sector-29-b Chandigarh. it is important to mention here that
the plaintiff has only this property which he acquired being the legal heir of
his father, after the death of his father, except this one plaintiff has no
other property.

4. That the contents of the Para no.4 of written statement are denied. The
defendant no. 1,2 &3 cooked up a false story. That the documents were in
the custody and possession of the defendant no.1 since after the death of
the father of plaintiff and after the death of the father of the plaintiff.
defendant no.1 got a bad eye on the property and than the defendant no.1
inn connivance with defendant no.2 &3 wants to disposes the plaintiff from
his peaceful and lawful possession in the house property and want to grab
his share in the property of his father ant to make the fetch the huge
monetary gains after selling the property and avoiding the plaintiff from his
rights and interest in the property.

5. That the contents of the par ano.5 of the written statement are denied. the
property in question i.e. house no.1431/24, sector- 29-B has been
purchased by the meets and bounds arranged by the father of the plaintiff
as earlier the father of the plaintiff along with plaintiff and defendant no.1
was residing at Ludhiana and after selling their house and other property at
Ludhiana the father of the plaintiff got purchased this property in question
i.e. house no.1431/24, sector-29-b Chandigarh. it is important to mention
here that the plaintiff has only this property which he acquired being the
legal heir of his father, after the death of his father, except this one
plaintiff has no other property.
6. That the contents of the Para no.6 of the written statement are denied.
That after the death of his father the plaintiff has become the absolute
owner and in the possession of the suit property. As the property in
question has been purchased by the meets and bounds of the father of the
plaintiff and being the legal heir of his father the plaintiff acquired the
rights and interest in the property and becomes the owner of the property.

7. That the contents of the Para no.7 of the written statement are denied.
Defendant No.1 who is the step mother of the plaintiff is now having the
constrained relationship with the plaintiff and now she wants to dispossess
the plaintiff from the lawful and peaceful possession of the house no
1431/24 sector- 29-b, Chandigarh. it is important to mention here that
when the father of the plaintiff got remarried to the defendant no.1. the
plaintiff was of aged 9 years at that time and the upbringing of the plaintiff
was done by the father of the plaintiff and defendant No. 1 but the
defendant No1 always looked towards the feeling of hatred, jealous
towards the plaintiff and never provide the due love, care and affection
towards the plaintiff, after the death of the father of the plaintiff the
defendant no. 1 keep on harassing the plaintiff. Not only this, the plaintiff
has also played the important role in making the plaintiff a physical
impotent person by administering the adversely effected medicines to him.
It is important to mention here that, now plaintiff is suffering from various
health problem and mental disorder and is undergoing the regular and
proper treatment being done at PGI. Sector-12, Chandigarh other medical
institutions since 2010. And all the liabilities, medical expenses and
expenses of the dally household affairs has been borne by the wife of the
plaintiff. That the defendant no.1 inn connivance with defendant no.2 & 3
wants to grab the share of the plaintiff and wants to dispossess him from
the peaceful and lawful possession of the house no.1431/24, sector-29-d
Chandigarh. That in order to fulfill this illegal and unlawful desire the
defendant no. 1 files the false and fabricated complaints against the
defendant and also files a false civil suit in order to grab the share of the
plaintiff.
8. That the contents of the para no.8 of the written statement are denied.
defendants have no rights and interest to dispossess the plaintiff from the
peaceful and lawful possession in the house property as the rights and
interest which are acquired by the plaintiff are arrived to him as a legal
representative of his father after his death.
9. That the contents of the Para no.9 of the written statement are denied.
10.That the contents of the Para no.10 of the written statement are denied.
The plaintiff’s wife is paying all the bills and bearing all the liabilities and
managing all the house hold affairs. as it is the defendant who in order to
garb the share in the property has also played the important role in making
the plaintiff a physical impotent person by administering the adversely
effected medicines to him. It is important to mention here that, now
plaintiff is suffering from various health problem and mental disorder and is
undergoing the regular and proper treatment being done at PGI. Sector-12,
Chandigarh other medical institutions since 2010. and due to all the acts
and conducts of the defendant no.1 now the plaintiff is unable to earn his
livelihood and is dependent on his wife
11.That the contents of the para no.11 of the written statement are denied.
The father of the plaintiff got remarried to the defendant no.1. when the
plaintiff was of aged 9 years at that time and the upbringing of the plaintiff
was done by the father of the plaintiff and defendant No. 1 but the
defendant No1 always looked towards the feeling of hatred, jealous
towards the plaintiff and never provide the due love, care and affection
towards the plaintiff, after the death of the father of the plaintiff the
defendant no. 1 keep on harassing the plaintiff. Not only this, the plaintiff
has also played the important role in making the plaintiff a physical
impotent person by administering the adversely effected medicines to him.
it is important to mention here that, now plaintiff is suffering from various
health problem and mental disorder and is undergoing the regular and
proper treatment being done at PGI. Sector-12, Chandigarh other medical
institutions since 2010. And all the liabilities, medical expenses and
expenses of the dally household affairs has been borne by the wife of the
plaintiff. that in order to grab the share of the plaintiff in the property the
plaintiff have field the false and fabricated case on false grounds against
 the plaintiff and not only this the plaintiff did not even hesitate to mislead
the court by stating false facts in order to full fill his unlawful desire .
12. That the contents of the Para no.12 of the written statement are denied.
defendant no.1 is working in angandwadi and earning the handsome salary
and the acts done or committed by her inn connivance with defendant no.
2 & 3 making false and fabricated agreement to sell and than filing the
false cases against the plaintiff is the evident of her high links up in the
society and administration.
13.That the contents of the para no.13 are denied. plaintiff being the legal
representatives of his father got the rights and interest in the property and
the plaintiff has no other property except this one. the defendant is the
habitual of grabbing the share and fetching the monetary gains as this is
the third marriage of the defendant no. 1 with the plaintiff’s father and it
cannot be denied that from the earlier marriages also the defendant no.1
have not taken any monetary gains as the same she is doing now with the
plaintiff and after being aggrieved the plaintiff has left with no efficacious
remedy except to file this present suit.
14.That the contents of the para no.14 of the written statement are denied.
that the cause of action firstly arose on dated of 15 September 2016 when
the defendant no.1 tender the agreement to sell dated 19.09.2015 in their
evidence in the case titled “paramjit v/s jatinder” pending in the court of
Sh. Gurkiran singh Civil judge, (junior division) and has been arising
concurrently again and again as the defendant no.1 inn- connivance with
the defendant no 2 & 3 is committing various acts or conducts to dispossess
the plaintiff from the peaceful and lawful possession of the house no.
1431/24, sector- 29-b, Chandigarh.

15.that the contents of the para no.15 of the written statement are denied

16.That the contents of the parano.16 of the written statement are denied.
the defendant no.1,2,3 playing the important role in dispossessing the
plaintiff from the house no. 1431/24 sector- 29-b, Chandigarh , by doing
mischievous act in-connivance with each other. hence the suit has been
filed
 17.That the contents of the Para no.17 of the written statement needs no
reply and the same is a matter of record.
18. that the contents of the para no.18 of the written statement needs no
reply and the same is a matter of record
19.That the contents of the Para no.19 are denied. the suit is filed within the
limitation as when the plaintiff came to know the defendant no.1 in order
to grab his share in the property executed agreement to sell with
defendant no.2 in presence of defendant no.3
20.That the contents of the Para no.20 are denied. Proper court fee has been
affixed on the plaint.
21.That the contents of the para no.21 are denied. property in question is
situated in Chandigarh, plaintiff and the defendant no.1 also resides in
Chandigarh (u.t.) and the GPA dated 05 june 1995 also got executed by the
defendant no. 2 in the favour of the father of the plaintiff and defendant
no. 1 in Chandigarh. . now the false and fabricated and forged agreement
to sell between the defendant no. 2 inn connivance defendant no.1 along
with defendant no. 3 also got done in Chandigarh. Therefore this
honorable court is fully competent to entertain, try and decide this present
suit

prayer:- It is respectfully prayed that in view of the replication cum rejoinder to

the written statement and as per the contents of the plaint filed by the plaintiff
may kindly be decreed in the favor of plaintiff and against the defendant no.1,2 &
3 in the interest of natural justice and law.

date plaintiff
place

Through counsel
(Dixit Dhiman)
Advocate
 IN THE COURT OF Sh. JAGMEET SINGH CIVIL JUDGE (JUNIOR DIVISION),
CHANDIGARH, (U.T.)

Jatinder v/s Paramjeet kaur,

Suit for the decree for partition, declaration,

permanent injunction
Application under Order 1 Rules 10 read with
Section 151 CPC as the person named karan
padam as a witness also to be arrayed as a
defendant no.5 in this case

Repsepctfully showeth:-
1. That the above titled case is pending before this honorable court
2. That the defendant no.1 inn- connivance with defendant no.2 and in the
presence of defendant no. 3 who is the witness and also the son the
defendant no.2 in the agreement to sell dated 19.09.2015 wants to grab
the share of the plaintiff in the property at house no.1431/24, sector-29-
d Chandigarh.
3. That now the defendant no.3 deliberately and intentionally got himself
proceeded ex-parte and causing great detrimental to the rights and
interest of the plaintiff.
4. That now in order to safeguard his rights and interest against the
defendants plaintiff wants that the other witness in the agreement to
sell dated 19.09.2015 named karan padam , R/o H. No. 2656, Sector-28-
C, Chandigarh (U.T.) also be arrayed as a defendant no.5 in this case
5. that the case is at initial stage and no prejudice will be cause to the
defendants if the person named will be arrayed as defendant on the
other hand it will cause an irreparable loss to the plaintiff
6. That it is also necessary that the person named karan padam , R/o H. No.
2656, Sector-28-C, Chandigarh (u.t.) as a witness in the agreement to sell
dated 19 .09.2015 be arrayed as a defendant no.5 in this case in order to
arrive at the justice and to avoid the multiplicity of litigation. and in the
interest of natural justice and law
Prayer:- It is respectfully prayed that the application for arraying the person
named karan padam , R/o H. No. 2656, Sector-28-C, Chandigarh (u.t.) , witness
as a defendant No.5 may kindly be accepted and allowed in the interest of
natural justice and law

Date plaintiff
Place

Through counsel
(Dixit Dhiman)
Advocate
 IN THE COURT OF Sh. JAGMEET SINGH CIVIL JUDGE (JUNIOR DIVISION),
CHANDIGARH, (U.T.)

Jatinder v/s Paramjeet kaur,

Suit for the decree for partition, declaration, permanent

injunction
AFFIDAVIT

I, Jatinder , s/o late sh. ujhaagar singh, aged 35 years R/o H. no. 1431/24, sector-
29-B, Chandigarh, do hereby solemnly affirm and declare as under :-

1. That the deponent has filed the aplication and the same is pending
before this Hon'ble Court.

2. That for the sake of brevity, the contents of the plaint are not being re-
produced hereunder and the same may kindly be read as a part and
parcel of this Affidavit.

3. That the contents of this application are true and correct and best to
the knowledge of the deponent
Dated : DEPONENT
Place:-
VERIFICATION : -Verified that all the contents of Paras No.1 to 3 of the
Affidavit are true and correct to my knowledge.

Dated : DEPONENT
Place:-
 IN THE COURT OF Sh. JAGMEET SINGH CIVIL JUDGE (JUNIOR DIVISION),
CHANDIGARH, (U.T.)

Jatinder V/s Paramjeet kaur & others

Suit for the declaration for separate
possession by partition

AFFIDAVIT

I, Jatinder , s/o late sh. ujaagar singh, R/o h. no. 1431/24, sector-29-B,
Chandigarh, deponent do hereby solemnly affirm and declare as under :-

1. That the deponent is the owner and in the possession of the two rooms
(10*12 each) in the above suit property and the defendant No. 1 In the
possession of the hall comprising of (11*13) and the latrine , bathroom and
kitchen has been shared jointly by the deponent and defendant no.1.
2. That the defendant no.1 is the step mother of the deponent. As the natural
mother named nirmal kaur got died in the year 1993 and for the welfare
and the upbringing of the deponent, the father of the deponent got
remarried to the defendant no.1 in the year 1995.
3. That the father of the deponent along with the defendant no.1 purchased
the suit property in question from the defendant no. 2 through GPA on
dated on dated 5th june 1995.( the photocopy of agreement, along with
affidavit of defendant no.2 and receipt has been attached). It is important
to mention here that the GPA executed by the defendant no.2 in the favour
of the father of the deponent and defendant NO.1 in irrevocable one and
along with the GPA the defendant no.2 also signed the duly sworn affidavit.
4. That now the defendant no.2 in –connivance with the defendant no.1,
without cancelling the earlier GPA executed by the defendant no. 2 on
dated 05th June 1995, in the favour of the father of deponent and
defendant no.1 and without informing the deponent, being the legal heir of
his father malafidely and knowingly and with wrongful intention got into
agreement to sell with the defendant no.1 who is the step mother of the
deponent, and in the presence of defendant no. 3 named Harsimran, S/o
sukhdev singh, R/o h. no. 1027, phase 3-b2, mohali Punjab again on dated
 19th September 2015 regarding the sale of the house no.1431/24, sector-
29-b Chandigarh which is to be treated as null and void and illegal and the
rights appurtenant to that agreement and the agreement has no value in
the eyes of law as the same has been done with the ulterior motive to
dispossess the deponent from the peaceful and lawful possession of the
house no.1431/24, sector-29-b Chandigarh,
5. That it is important to mention here that the property in question i.e. house
no.1431/24, sector- 29-B has been purchased by the meets and bounds
arranged by the father of the deponent as earlier the father of the
deponent along with deponent and defendant no.1 was residing at
Ludhiana and after selling their house and other property at Ludhiana the
father of the deponent got purchased this property in question i.e. house
no.1431/24, sector-29-b Chandigarh. it is important to mention here that
the deponent has only this property which he acquired being the legal heir
of his father, after the death of his father, except this one deponent has no
other property.
6. That the father of the deponent got died on dated 5th jan 2003( the
photocopy of the death certificate of the father of the deponent has been
attached) and after the death of the father of the deponent, being the legal
heirs of his father deponent got acquired the rights and interest and title in
the property of his father i.e. house no.1431/24, sector-29-b Chandigarh
and became the absolute owner and in the possession of the suit property.
7. That the defendant No.1 who is the step mother of the deponent is now
having the constrained relationship with the deponent and now she want
to dispossess the deponent from the lawful and peaceful possession of the
house no 1431/24 sector- 29-b, Chandigarh.
8. That the defendant no.1 is using all her illegal and unlawful means for
dispossessing the deponent from the suit property. as on the earlier
occasion she tries to dispossess by filing the false cases and complaint
against the deponent (The copy of the false complaint filed by the
defendant no.1 has been attached)
9. That when all the act or conduct, done or committed by the defendant
No.1 did not did not prove to be a fruitful than the defendant no. 1 have
filed the civil suit against the deponent on dated 01.09.2015 titled as “
 paramjit kaur v/s jatinder “ as “ suit for the mandatory injunction directing
the defendant to vacate the house no.1431/24 sector 29-b Chandigarh. on
false and flimsy grounds, which is pending in the court of sh. Gurkiran
Singh, civil judge (junior division), Chandigarh and not only this the
defendant no. 1 have also filed the criminal case against the deponent by
falsely implicating the deponent in the false criminal cases under section 12
of the protection of the women against the domestic violence Act 2005 , in
which the deponent and his wife got acquitted as the complaint filed by the
defendant no.1 got dismissed by the honorable court of Smt. Rekha
chaudhary ,jmic, Chandigarh vide order dated 04.02.2019 (the photocopy
of the order has been attached)
10.That It is important to mention here that all the electricity bills, and water
charges and other charges has been duly paid by the deponent and
deponent has a legal right on the property being the legal heir of his father
and the rights and interest and title in the property acquired by him i.e.
house no.1431/24 sector 29-b Chandigarh after the death of his father.( the
photocopy of the electricity bills and other bills has been attached
herewith)
11.That it is important to mention here that when the father of the deponent
got remarried to the defendant no.1. the deponent was of aged 9 years at
that time and the upbringing of the deponent was done by the father of the
deponent and defendant No. 1 but the defendant No1 always looked
towards the feeling of hatred, jealous towards the deponent and never
provide the due love, care and affection towards the deponent, after the
death of the father of the deponent the defendant no. 1 keep on harassing
the deponent. Not only this, the deponent has also played the important
role in making the deponent a physical impotent person by administering
the adversely effected medicines to him. it is important to mention here
that, now deponent is suffering from various health problem and mental
disorder and is undergoing the regular and proper treatment being done at
PGI. Sector-12, Chandigarh other medical institutions since 2010. And all
the liabilities, medical expenses and expenses of the dally household affairs
has been borne by the wife of the deponent( the photocopy of the medical
cards of the deponent has been attached herewith)
12.That the defendant no.1 in working in an anganwadi and having a
handsome salary and also having a high links up in the society and
administration and making the undue influence and harassing the
deponent with the ulterior motive to dispossess him from the house no.
1431/24, sector- 29-b Chandigarh and because of her high links up in the
society she got managed to get the fresh and illegal agreement to sell with
the defendant no.2
13.That after bearing al the atrocities committed upon the deponent by the
defendant no. 1 and the way the defendant no 1 to 3 are doing their
mischievous acts to dispossess the deponent from the house no. 1431/24,
sector- 29-b Chandigarh. The deponent has left with no other alternative
except to file this suit ,hence this case has been filed.
14. That cause of action firstly arose on dated of 15 September 2016 when the
defendant no.1 tender the agreement to sell dated 19.09.2015 in their
evidence in the case titled “paramjit v/s jatinder” pending in the court of
Sh. Gurkiran singh Civil judge, (junior division) and has been arising
concurrently again and again as the defendant no.1 inn- connivance with
the defendant no 2 & 3 is committing various acts or conducts to dispossess
the deponent from the peaceful and lawful possession of the house no.
1431/24, sector- 29-b, Chandigarh.
15.that after knowing this fact, the deponent got shocked and to save his right
and interest in the property the deponent has moved the application
before the estate officer, requesting not to transfer the house no. 1431/24
sector- 29-b, Chandigarh in the name of the defendant no.1 or in the favor
of any other person.
16.that all the defendant no.1 to 3 are playing the important role in
dispossessing the deponent from the house no. 1431/24 sector- 29-b,
Chandigarh , by doing mischievous act in-connivance with each other.
hence the suit has been fled
17.That deponent has not filed any other suit or against the defendant no.1 or
any of the defendant in any court of law.
18.The defendant no.1 has filed a civil suit titled as “ paramjit v/s jatinder” as “
suit for the mandatory injunction directing the defendant to vacate the
possession of the house no. 1431/24 which is pending in the court of sh.
 Gurkiran singh , civil judge , (junior division) , Chandigarh and other false
and criminal case against deponent and his wife tiled as “ paramjit v/s
jatinder and charnajit” which is pending in the court of Smt. Rekha
chaudary, JMIC, Chandigarh.
19.That the suit is well within the limitation.