Plaint Suit for Possession

IN THE COURT OF THE LEARNED CIVIL JUDGE / SENIOR CIVIL JUDGE, district

Civil Suit No. _____ of year For recovery of possession with mesne profits

plaintiff_name, son/daughter of plaintiff_father, aged about plaintiff_age years, occupation: plaintiff_occupation, resident of plaintiff_address, holder of CNIC No. plaintiff_cnic ... Plaintiff

VERSUS

defendant_name, son/daughter of defendant_father, resident of defendant_address, holder of CNIC No. defendant_cnic ... Defendant

PLAINT FOR RECOVERY OF POSSESSION WITH MESNE PROFITS AND DAMAGES

Suit valuation for the purposes of court fee and jurisdiction: Rs. suit_valuation. Court fee paid: Rs. court_fee_paid affixed on the plaint.

Respectfully sheweth:

1. That the Plaintiff is the lawful, sole, and absolute owner of the immovable property described in paragraph 2 below, hereinafter referred to as "the suit property", and is entitled to recover possession thereof from the Defendant, who is presently in unlawful possession.

2. DESCRIPTION OF THE SUIT PROPERTY: The suit property is more particularly described as follows. property_description. Total measured area: total_area. Location: property_location. Boundaries: North: boundary_north; South: boundary_south; East: boundary_east; West: boundary_west. Estimated current market value: Rs. market_value.

3. PLAINTIFF'S TITLE: The Plaintiff acquired absolute and indefeasible title to the suit property by way of mode_of_acquisition on acquisition_date, by virtue of title_document duly registered with the Sub-Registrar, sub_registrar. The relevant mutations have been duly attested in favour of the Plaintiff in the revenue record.

4. PLAINTIFF'S PRIOR POSSESSION: From the date of acquisition until dispossession_date, the Plaintiff was in continuous, peaceful, and exclusive possession of the suit property, openly exercising acts of ownership including acts_of_ownership. The Plaintiff has at no time abandoned, transferred, or relinquished possession voluntarily.

5. UNLAWFUL DISPOSSESSION / POSSESSION OF DEFENDANT: On dispossession_date, the Defendant, without any lawful right, title, or authority, dispossessed the Plaintiff / entered into possession of the suit property in the following manner: dispossession_circumstances. The Defendant has since remained in unlawful possession to the exclusion of the Plaintiff.

6. DEFENDANT'S LACK OF TITLE: The Defendant has no right, title, or interest in the suit property. The Defendant is neither a co-sharer, tenant, mortgagee, lessee, nor licensee of the Plaintiff, and has no claim of any kind that would justify possession. defendants_purported_basis.

7. DEMAND FOR RESTORATION: The Plaintiff has, on multiple occasions including on demand_dates, demanded restoration of possession from the Defendant in person and through respected elders / family members. The Defendant has refused outright on each occasion and continues to assert unlawful possession.

8. NOTICE TO DEFENDANT: A formal written notice was served by the Plaintiff on the Defendant through registered post on notice_date, calling upon the Defendant to vacate the suit property and to deliver possession to the Plaintiff within fifteen days. The Defendant either failed to respond or, having responded, refused to vacate. notice_response.

9. DAMAGE AND USE BY DEFENDANT: During the period of unlawful possession, the Defendant has used the suit property by way of defendants_use, has caused damage to the structure / cultivation / fittings, and has derived income or benefit therefrom. The Plaintiff is entitled to mesne profits and damages.

10. MESNE PROFITS COMPUTATION: The reasonable rental value of the suit property is Rs. monthly_rental_value per month. From dispossession_date until the date of institution of the present suit, the period of unlawful possession is period_in_months months, yielding mesne profits of Rs. accrued_mesne_profits. The Plaintiff prays for further mesne profits at the same rate from the date of suit until delivery of possession.

11. PLAINTIFF'S RIGHT TO IMMEDIATE POSSESSION: Under Section 8 of the Specific Relief Act 1877, every person having any interest in immovable property is entitled to recover possession thereof in the manner prescribed by the Code of Civil Procedure 1908. The Plaintiff, as lawful owner with documentary title, is plainly entitled to immediate restoration of possession.

12. INTERIM PROTECTION: There is a real and imminent risk that the Defendant may, during the pendency of the present suit, alter the character of the suit property, raise unauthorised constructions, transfer possession to a third party, or otherwise act so as to defeat the Plaintiff's rights. The Plaintiff therefore prays for status quo as to possession and structure pending decision of the suit.

13. JURISDICTION: This Honourable Court has territorial and pecuniary jurisdiction to entertain the present suit, the suit property being situated wholly within the territorial limits of this Court.

14. LIMITATION: The present suit is filed within the period of limitation of twelve years prescribed by Article 142 / 144 of the First Schedule to the Limitation Act 1908, computed from the date of dispossession or the date the cause of action arose, and is otherwise within time.

15. NO PRIOR LITIGATION: There is no prior or pending litigation between the parties in respect of the suit property before any other forum, save and except prior_litigation_disclosure.

16. CAUSE OF ACTION: The cause of action for the present suit accrued to the Plaintiff on dispossession_date when the Defendant unlawfully dispossessed the Plaintiff, and continues to subsist as long as the Defendant remains in unlawful possession.

PRAYER

In view of the foregoing, the Plaintiff most respectfully prays that this Honourable Court, after hearing the parties and considering the evidence on record, may be pleased to:

(a) Pass a decree for delivery of vacant peaceful possession of the suit property described in paragraph 2 above to the Plaintiff;

(b) Pass a decree for recovery of mesne profits in the sum of Rs. accrued_mesne_profits for the period from dispossession_date to the date of institution of the suit, and at the rate of Rs. monthly_rental_value per month from the date of suit until the date of delivery of actual possession;

(c) Pass a decree for damages caused to the structure, cultivation, fittings, or improvements of the suit property by the Defendant during the period of unlawful possession;

(d) Pass an order of temporary injunction restraining the Defendant from making any unauthorised construction, alteration, transfer, or disposal of the suit property during the pendency of the present suit;

(e) Award the Plaintiff costs of the suit; and

(f) Grant any other or further relief that this Honourable Court may consider just, fit, and proper in the facts and circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 16 of the above plaint are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ plaintiff_name Plaintiff Through: _____________________________ counsel_name Advocate