Suit Based on Adverse Possession

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

Civil Suit No. _____ of year For declaration of title by adverse possession with consequential reliefs

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 (or recorded owner / legal heirs of recorded owner) ... Defendant

PLAINT FOR DECLARATION OF TITLE BY ADVERSE POSSESSION

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 has been in open, continuous, peaceful, hostile, and exclusive possession of the immovable property described in paragraph 2 below, hereinafter referred to as "the suit property", for a period of more than twelve years, in his / her own right and to the exclusion of the Defendant and all other persons, and is accordingly entitled to a declaration of title by adverse possession under Article 142 of the First Schedule to the Limitation Act 1908 read with Section 42 of the Specific Relief Act 1877.

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. Revenue particulars: Khewat No. khewat, Khasra Nos. khasra_numbers, Mauza mauza, Tehsil tehsil, District district.

3. RECORDED OWNERSHIP: According to the revenue record, the suit property stands recorded in the name of the Defendant / the predecessor-in-interest of the Defendant. However, the recorded ownership has been displaced by the long-standing adverse possession of the Plaintiff as detailed below.

4. COMMENCEMENT OF POSSESSION: The Plaintiff entered into possession of the suit property on possession_start_date in the following circumstances: possession_commencement_circumstances. From that date onwards, the Plaintiff has been in continuous physical possession, treating the suit property as his / her own.

5. NATURE OF POSSESSION: The possession of the Plaintiff has at all material times satisfied each of the legal requirements of adverse possession, namely: (a) actual; (b) open and visible; (c) continuous and uninterrupted; (d) hostile and adverse to the Defendant's title; (e) exclusive; and (f) for a period exceeding twelve years.

6. ACTS OF OWNERSHIP: During the said period, the Plaintiff has openly exercised the following acts of ownership over the suit property: acts_of_ownership_list (cultivation / construction / lease to tenants / payment of taxes / utilities / boundary fencing / public declaration of ownership / etc.). Each of these acts has been openly performed in a manner visible to the Defendant and the public at large.

7. NO ACKNOWLEDGEMENT OF DEFENDANT'S TITLE: The Plaintiff has at no time, by spoken word, by writing, or by conduct, acknowledged the title of the Defendant to the suit property. There is no rent paid, no lease executed, no licence taken, and no other act inconsistent with adverse claim by the Plaintiff. evidence_of_no_acknowledgement.

8. NO INTERRUPTION OF POSSESSION: The possession of the Plaintiff has not been interrupted at any time during the period of more than twelve years. The Defendant has not at any time taken effective steps to dispossess the Plaintiff or assert title in respect of the suit property. interruption_position.

9. ANIMUS POSSIDENDI: The Plaintiff has at all material times possessed the suit property with the requisite mental element of intending to hold the property as his / her own to the exclusion of all others, including the Defendant. The animus possidendi is evidenced by the open, public, and exclusive nature of the Plaintiff's possession.

10. RECORD ENTRIES (where applicable): During parts of the said period, mutations / Aks Shajra / Khasra Girdawari entries have reflected the Plaintiff as Qabiz / occupier of the suit property, supporting the position of long-standing possession. Specifically: revenue_entries_supporting_possession.

11. WITNESSES: The following persons, who have been residents in the locality and personally know the facts of the Plaintiff's long-standing possession, will testify in support of the claim: witnesses_list.

12. RECENT CONDUCT BY DEFENDANT: On denial_date, the Defendant, after the lapse of the prescriptive period, has, for the first time, asserted a claim contrary to the Plaintiff's adverse possession in the following manner: defendant_recent_assertion. The said assertion is barred by the operation of Section 28 of the Limitation Act 1908 read with Article 142 of the First Schedule, and is liable to be rejected by this Honourable Court.

13. EXTINCTION OF DEFENDANT'S TITLE: By reason of the Plaintiff's adverse possession for more than twelve years, the right of the Defendant to recover possession of the suit property has been extinguished by operation of Section 28 of the Limitation Act 1908. The Plaintiff has accordingly acquired a perfect title by adverse possession.

14. NOTICE TO DEFENDANT: A formal written notice was served on the Defendant on notice_date, calling upon him / her to acknowledge the Plaintiff's title by adverse possession. The Defendant either failed to respond or, having responded, refused to acknowledge. notice_response.

15. 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.

16. LIMITATION: The cause of action for the present suit is a continuing one, and the suit is filed within the period of limitation prescribed by the relevant Article of the First Schedule to the Limitation Act 1908. The bar of limitation operates against the Defendant's claim, not against the Plaintiff's claim.

17. 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.

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 declaring that the Plaintiff has acquired a perfect title to the suit property by adverse possession, the right of the Defendant to recover possession having been extinguished under Section 28 of the Limitation Act 1908;

(b) Pass a consequential decree of permanent injunction restraining the Defendant from interfering with the Plaintiff's possession of the suit property;

(c) Direct the revenue authorities to mutate the suit property in the name of the Plaintiff in the relevant revenue record on the basis of the decree;

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

(e) 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 17 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