HUMBLY SUBMITTED BEFORE ALL MEMBERS
KINDLY READ IT AND GIVE ME YOUR BOTH POSITIVE AND NEGATIVE OPINIONS
1) The Plaintiff is residing in the above address for the last more than 40 years. The Plaintiff is the absolute owner in possession and enjoyment of 10 cents of property and a building therein where she resides comprised in survey no........of ................... village,.................. taluk and district.Towards east of the said property lies 15.000 cents of property comprised in survey no......... This property is scheduled here under and hereinafter referred to as the "plaint schedule property".
2) The plaint schedule property was originally owned by one late........,by virtue of sale deed No......dated ............ .......... .................. of the ............sub registraroffice the said.....sold the plaint schdule property to the 2nd Defendent (first purchaser).The 2nd Defendant is permanently employed and residing in the USA.Even at the time of purchase of plaint schedule property the 2nd Defendant was abroad and she never visited the plaint schedule property at any point of time.The required impressed stamp paper for executing the sale deed pertaining to the plaint schedule property was purchased by the plaintiff at her cost and expenses.In fact it is the plaintiff who made all arrangements for the purchase of plaint schedule property in the name of the 2nd Defendant.
3) The plaintiff has been anguaged in the field of fostering cattle and she finds her lively hood from miltch cow and also from poultry etc. As the 2nd Defendant has been permanently settled in USA, and as no one has been entrusted by the 2nd Defendant for the up keepo of the plaint schedule property, the Plaintiff has neem in possession and enjoyment of the plaint schedule property on and from 28-07-1994, the date of purchase by the 2nd Defendant with an intention to exlclude the adversary from possession. Sine then the plaintiff is holding the plaint schedule property adverse to the title of the true owner for the said purpose.
4) It is submitted that the Plaintfiff has put up a shed in the plaint schedule property for the purpose of using it as a catle shed. Further poultry is also being conducted in the plaint schedule property. In short the plaitiff has been in possession and enjoyment of the plaint schedule property since 28-07-1994 as against its true owner. Since then the plaintif was remitting the property tax for the plaint schedule property and the available tax receipts are produced herewith.
5) The Plaintiff sumits that she was in physical possession and still in physical possession of the plaint schedule property on and from 28-07-1994 with an intention to exclude the adversary from possession. Her possession was hostile to the 2nd Defendant who was the real title holder of the plaint schedule property amounting to denial of her title to the plaint schedule property. In fact the possession of the plaint schedule property by the Plaintiff was open, peaceful and continuous with out any act or atempt of concealment from any person including the 2nd Defendant. Such possession was in adequate in continuity and publicity. Right from 28-07-1994 the Plaintfiff is in possession of the plaint schedule property in assumed character of owner of th plaint schdule property and excercising peaceably the ordinary rights of ownership over the plaint schedule property. After purchase of the plaint schedule property in the name of the 2nd Defendant the Plaintiff planted coconut trees and other trees in the plaint schedule property and looking after them at her own costs and expenses, She was also taking usufructs from the plaint scheudle property. All these aspects were known to the 2nd Defendant as well. The right of the 2nd Defendant oer the plaint schedule property is extignuished for ever and the Plaintiff who is the possessary owner aquired an absolute title over the plaint schedule property by way of adverse possession and limitation.
6) It is submitted that the Plaintiff is in absolute possession and enjoyment of the plaint schedule property as above on and from 28-07-1994 for more than 16 years and the 2nd Defendant who is the true owner has not taken any action within the period of limitation and hence the Plaintiff who is in possesion of the same perfected her titled over the plaint schedule property by way of adverse possesssion. The possession of the plaintiff over the plaint schedule property was open and undisturbed. The 2nd defendant never even visisted the plaint schedule property since the same was purchased in her name. The fact that the Plaintiff is in possession and enjoyment of the plint schedule property as above was very well known to the 2nd Defendant directly. The 2nd Defendant known about all those hostle acts and assersion of hostle title itself. The 2nd Defendant never objectd to such acts of the Plaintiff. So in short the plaintfiff has perfected her title over the plaint schedule peroperty by adverse possession and limiteation.
7) It is also submitted that at the time of purchase of the plaint schedule property in the name of the 2nd Defendant the plaint schedule property was not having any compound wall on all the sides of the plaint schedule property by spending more than Rs. 1,00,000/- in the year 1994 itself so that she can look after the plaint schedule property along with his property. In fact the Plaintiff was having necessary animus to possess the plaint schedule property. The possession of plaint schedule property by the Plaintiff was with out any atempt of concealment and was open and hostile enought to be capable of being known by the parties interested in the property, who are the defendants herein.
8) While so the 1st Defendant in collusion with 2nd Defendant has secretly and fraudulently with an intention to deceive the Plaintiff for curtailing her legal rights has purchased the plaint schedule property from the 2nd Defendant on 23-03-2009 by virtue of a Sale Deed No ...........................of the.......................Sub Registrar Office for a meager amount since the 2nd Defendant never purchased the plaint schedule property with an intention to possess or own the same. Further the 1st Defendant who is only a real estate broker by profession has also not even visited the plaint schedule property till date for any purpose. In fact the possession of the plaint schedule property was with the plaintiff since 28-07-1994 to till date. The plaintiff came to know about the purchase of the plaint schedule property by the 1st Defendant only on 26-02-2011.
9) It is submited that the 2nd Defendant had no right at all in any manner whatsoever to transfer the plaint schedule property to the 1st Defendant. Even before the date of purchase of the plaint schedule property by the 1st Defendant itself the plaintiff has perfected her ownership and title by way of adverse possession and limitation. Hence the 2nd Defendant was not having any right to sell the plaint schedule property to the 1st Defendant. This was known to both the defendants as well and that is the reason they both colluded each other fraudulently with an intention to deceive the plaintiff by purchasing the plaint schedule property by the 1st Defendant secretly.
10) Now it is reliably learned by the plaintiff on 26-02-2011 from Mr. ............., S/o.................., ..............................., .................................................... that the 1st Defendant who is a real estate broker by proffession is about to alienate the plaint schedule property with illegal motives to one Mr. ......................................................, ............................... thereby to defeat the legal rights of the plaintiff for whcih the defendant has no right at all. If the defendant succeeds in alienting the plaint schedule property the very purpose of this suit will be defeated abd tge plaintiff will be put to irreparable loss, injuries and under hardships.
11) Hence it is absolutely necessary in the interest of justice that this Hon’ble Court may be pleased to pass a decree declaring that the Sale Deed No........................... of ................ dated ....-...-2009 of the Sub Registrar Office Thiruvananthapuram in favour of the 1st defendant executed by the 2nd defendant is null and void and a decree of permanent prohibitory injunction restraining the defendants and their men from trespassing into the plaint schedule the plaint schedule property or creating any encumbrance/ charge/ lien in any manner whatsoever over the plaint schedule property.
12) The cause of action for filing this suit has arisen on 28-07-1994, the date of purchase of the plaint schedule property in the name of the defendant and the date on which the plaintiff got possession over the plaint schedule, on 22-03-2009 the date of execution of the said Sale Deed No.991 of 2009 and continuously thereafter at..........................................Village, which comes within the jurisdiction of this Hon’ble court and hence this court is competent to try this suit.
13) For the purpose of jurisdiction and court fees for (a) relief the suit is valued at Rs.1,12,000/- being one half of the market value of the property for which a court fee of Rs.9,650/- is to be paid u/s 25 (b) of the Kerala Court Fees and suit Valuation Act, 1959 (Amended Act 2/2003) and an amount of Rs.965/- being 1/10th of the Court Fees is paid herewith as stipulated under section 4A of the said Act. Since the (b) & (c) reliefs are ancillary no separate court fees is to be paid.
D) Hence it is most humbly prayed that this Hon’ble court may be pleased to passed to pass a decree in favour of the Plaintiffs allowing the following.
RELIFS
a) To pass a decree declaring that the Sale Deed No.991 of 2009 dated 22-03-2009 of the Sub Registrar office, Thiruvananthapuram in favour of the 1st defendant executed by the 2nd defendant is null and void and the same may be communicated to the said Sub-Registrar Office, ..................... and ..................... Village office, and also consequential injunction restraining the defendant and their men from trespassing into the plaint schedule property and also restraining the 1st defendant from selling or alienating the plaint schedule property or creating any encumbrance / charge lien in any manner whatsoever over the plaint schedule property.
b) To realize the cost of this proceeding from the defendant and his assets.
c) Allowing such other relieves as this Honourable Court deems fit and proper in the interest of justice as and when prayed for by the Plaintiff, during the pendency of this suit.
Dated this the 28th day of February 2011.
Advocate Plaintiff
All facts stated above are true and correct to the best of our knowledge, information and belief.
Plaintiff
Schedule of property
(Separately attached)
List of documents
1. Certified copy of the Sale Deed No................../1994 dated ...-...-1994 of the ......................... Sub Registrar Office.
2. Certified copy of the Sale Deed No................. of 2009 dated ...-.....-2009 of the ..........................Sub Registrar Office.
3. Original Tax recipts dated 19-08-1994 and 14-11-2000.
Advocate
