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IN THE COURT OF HON'BLE CIVIL JUDGE,
SENIOR DIVISION, NAGPUR
REGULAR CIVIL SUIT NO. /2021
PLAINTIFF : Rahul S/o Ramchandra Charde,
Aged about: 35 Years, Occ. Private,
R/o Near Nabira College, Dhantoli,
Katol, Tahsil: Katol, District: Nagpur.
// Versus //
DEFENDANTS : 1) The Nagpur Municipal Corporation,
Through its Municipal Commissioner,
Office at Civil Lines,
NAGPUR - 440 001.
2) Dy. Municipal Commissioner/
Ward President,
Nagpur Municipal Corporation,
Nehru Nagar Zone No. 5,
NAGPUR -
3) Sagar Housing Agency,
Through its President
Shri Dhanraj Mayaram Potbhare,
Aged about: 45 Years,
R/o Om Sai Nagar, Kalamna,
NAGPUR.
SUIT FOR DECLARATION AND PERMANENT
INJUNCTION
Valued at Rs. /-
and Court Fee of Rs. /- is paid thereon
The plaintiff named above most humbly and
respectfully begs to submit as under:-
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1. That the plaintiff is known to defendants No. 1 to
3, that the plaintiff had purchased immovable
property from defendant No. 3, that the plaintiff
had constructed a house upon the said property
and is residing in the same.
2. That the plaintiff submits that the plaintiff had
purchased Plot No. 10 and Plot No. 313 at Mouza:
Tarodi (Khurd), bearing Patwari Halka No. 33,
Khasra No. 56/1, 56/2 and 56/3, that Plot No. 10 is
admeasuring 1375 Sq. Ft. and Plot No. 313 is
admeasuring 600 Sq. ft. respectively, the same is
situated at Gram Panchayat Tarodi, Tahsil:
Kamptee, District: Nagpur, that the said property
is the subject matter of the present suit and
hereinafter will be referred as suit property for
brevity and convenience of this Hon'ble Court, that
the same is being specifically described in the
schedule attached with the plaint.
3. That the plaintiff submits that the plaintiff had
entered into an Agreement to Sale and Kabja Patra
in respect of the suit property with defendant No.
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3, that the defendant No. 3 had executed the said
Agreement to Sale/Kabja Patra on 07.12.2020 and
25.09.2020, that the said Agreement to Sale and
Kabja Patra had been reduced into writing on Rs.
500/- Stamp paper and the same had been
Notarized.
4. That the plaintiff submits that, the defendant No. 3
had also given non-agricultural Order of Hon'ble
Tahsildar Kamptee to plaintiff. That the plaintiff is
in occupation and possession of the suit property
in capacity of the owner. That the plaintiff had
constructed a house upon the said suit property
and is residing in the same.
5. That the plaintiff submits that the defendant No. 2
had approached the plaintiff in the month of
December 2020 and had threatened the plaintiff
to vacate the suit premises or else the suit
premises will be demolished by defendants No. 1
and 2. That the plaintiff had personally visited the
office of defendants No. 1 and 2 and showed the
document of ownership but the defendants No. 1
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and 2 refused to hear the plaintiff and threatened
the plaintiff that the suit property will be
demolished and the defendants No. 1 and 2 will
take forceful possession of the suit property
without following due process of law.
6. That the plaintiff submits that the plaintiff had
asked defendants No. 1 and 2 to issue notice
before taking any action against the plaintiff but
defendants No. 1 and 2 and their office bearers
refused to issue any notice and told the plaintiff
that the defendants No. 1 and 2 are having right to
take forceful possession by demolishing the
construction of the suit property. That the
defendants No. 1 and 2 are trying to take law in
their own hands and are trying to dispossess the
plaintiff from the suit property without following
due process of law.
7. That the plaintiff submits that the plaintiff is the
bonafide purchaser of the suit property, that the
plaintiff is residing at the suit property along with
his family, that the plaintiff is not having any
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alternative accommodation except that of the suit
property. That the plaintiff is a very poor person
and had purchased the suit property with his hard
earned income. That if the defendants succeeds
in demolishing the suit property and evicting the
plaintiff from the suit property, without following
due process of law, then it will be the plaintiff who
will be put to heavy irreparable loss and injury
which will not be compensated in terms of money.
8. That the plaintiff submits that if the defendants
No. 1 and 2 wants to take any action of
demolishing against the plaintiff, then the
defendants No. 1 and 2 are duty bound to issue
notice under Maharashtra Municipal Corporation
Act, but in the present matter the defendants No.
1 and 2 are trying to take law in their own hands
and without taking recourse of MMC Act are trying
to dispossess the plaintiff from the suit property.
9. That the plaintiff submits that, a News was
published in Daily "Nav-Bharat" News Paper on
09.02.2021 wherein it was Ordered by the Mayor
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of Nagpur Municipal Corporation to registered
F.I.R. against the Plot Owners. That the plaintiff
had been threatened by the officers of Defendants
No. 1 and 2, that recently on 15.02.2021 the
officers of defendants No. 1 and 2 came to the suit
property given oral instructions to plaintiff to
vacate the suit premises or else the same will be
demolished within 3 days.
10. That as per Section 81(b) Sub-Section 1(c) of
Maharashtra Municipal Corporation Act, the period
for vacating the suit property is given as 1 Month,
that the defendants No. 1 and 2 are not following
the same and are threatening the plaintiff to
vacate the premises immediately or else the same
will be demolished immediately.
11. That the plaintiff submits that the Civil Right of the
plaintiff is affecting, that for filing a suit against
defendants No. 1 and 2 a statutory notice u/s 487
of MMC Act is required and the same had not been
issued by the plaintiff to defendants No. 1 and 2,
that in the present case the defendants No. 1 and
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2 are not obeying the law and are not following
the procedure given in the Maharashtra Municipal
Corporation Act, that if the plaintiff gives statutory
notice to defendants No. 1 and 2, then in that
circumstances the plaintiff will not be able to
approach the Hon'ble Court, because the plaintiff
cannot wait for completion of one month period of
Statutory Notice for filing the suit, that in the
present case the plaintiff is not given time, that
the plaintiff is also not given any notice of
demolition, that the defendants No. 1 and 2 are
bent upon to take action as early as possible
without following due process of law, therefore the
plaintiff without issuing statutory notice u/s 487 of
MMC Act had filed the present suit.
12. That the plaintiff has filed the suit for declaration
and permanent injunction, therefore valued at Rs.
__________/- and court fee of Rs. __________/- is paid
thereon.
13. That the cause of action for the present suit arose
on 15.02.2021 when the defendants No. 1 and 2
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had approached the plaintiff and threatened the
plaintiff to vacate the suit premises and is
continuous cause of action till filing of the present
suit.
14. That the suit property is situated at Nagpur, that
the plaintiff resides at Nagpur, that the office of
defendants No. 1 to 3 is at Nagpur, therefore this
Hon'ble Court is having jurisdiction to try and
entertain the present suit.
15. That the plaintiff had filed documents as per list
and craves leave of this Hon'ble Court to file more
as and when required.
Hence this suit.
PRAYER
It is therefore prayed this Hon'ble Court may
kindly be grant following relief:-
a) That to declare that the plaintiff is not an
encroacher upon the suit property described in the
schedule attached with the plaint.
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b) That to restrain the defendants, their agents and
servants from demolishing the suit property or
evicting the plaintiff from the suit property without
following due process of law.
c) That to pass a decree of permanent injunction,
restraining the defendants, their agents and
servants from disturbing the peaceful possession
of the plaintiff over the suit property, without
following a due process of law, in the interest of
justice.
d) Saddle the cost of the present suit upon the
defendants.
e) Any other relief to which this Hon'ble Court deems
fit and expedient in the facts and circumstances of
the present case may also kindly be granted in
favour of plaintiff and against the defendants.
Nagpur
Dated: 17.02.2021 Plaintiff
C.F. Plaintiff
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SOLEMN AFFIRMATION
I, Rahul S/o Ramchandra Charde, Aged about: 35
Years, Occ. Private, R/o Near Nabira College, Dhantoli,
Katol, Tahsil: Katol, District: Nagpur do hereby take
oath and state on solemn affirmation as under.
That I am the Plaintiff, I am therefore fully
conversant with the facts and circumstances of the
case. I say that, the statement of facts in the suit are
correctly drafted by my counsel as per my instructions
which I have understood in my vernacular from my
counsel and say that they are true to my personal
knowledge and those which are legal submissions are
true to information received from my counsel and
believed it to be true by me.
Hence verified and signed at Nagpur on this
_______day of February, 2021.
I know and identify the Deponent
DEPONENT
Advocate
