Suit for Permanent Injunction (Boundary Dispute)

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

Civil Suit No. _____ of year For permanent injunction under Sections 54 and 55 of the Specific Relief Act 1877

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 PERMANENT INJUNCTION

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 owner / lawful possessor / person entitled to the use, occupation, and enjoyment of the immovable property / right described in paragraph 2 below, hereinafter referred to as "the suit property", and is entitled to a permanent injunction under Section 54 of the Specific Relief Act 1877 against any person disturbing the said lawful enjoyment.

2. DESCRIPTION OF SUIT PROPERTY / RIGHT: The subject-matter of the present suit is more particularly described as follows. property_or_right_description. location_or_identifying_details. Estimated current value: Rs. estimated_value.

3. PLAINTIFF'S TITLE / RIGHT: The Plaintiff is the lawful owner / occupant / holder of the suit property by virtue of title_or_right_basis, supported by the documentary record annexed and including title_documents.

4. CONTINUOUS POSSESSION AND ENJOYMENT: The Plaintiff has been in continuous, peaceful, and exclusive possession / enjoyment / exercise of the suit property and the rights appurtenant thereto since possession_start_date, performing acts of ownership / use including acts_of_use, without any interruption or challenge from any person whatsoever, save by the unlawful conduct of the Defendant described below.

5. THREATENED OR ACTUAL INTERFERENCE BY DEFENDANT: On first_interference_date, the Defendant, without any right, title, or authority, commenced interference with the Plaintiff's enjoyment of the suit property in the following manner: interference_description. The said interference is wholly without lawful basis and is calculated to deprive the Plaintiff of the rightful enjoyment of the suit property.

6. NATURE OF THE INTERFERENCE: The interference complained of is in the nature of interference_nature (trespass / unauthorised construction / dispossession / wrongful demolition / blocking right of way / interference with watercourse / unauthorised use of trade name / breach of contractual obligation / etc.). The interference is causing, and will continue to cause, serious and irreparable injury to the Plaintiff.

7. APPREHENSION OF FURTHER INTERFERENCE: There is a real and imminent apprehension that the Defendant, unless restrained by an order of this Honourable Court, will continue and intensify the unlawful interference, and will commit further acts that may cause permanent damage to the suit property and to the rights of the Plaintiff. apprehension_specifics.

8. NOTICE TO DEFENDANT: A formal written notice was served on the Defendant on notice_date, calling upon the Defendant to immediately desist from the unlawful interference and to maintain status quo. The Defendant either failed to respond or, having responded, persisted with the interference. notice_response.

9. NO ALTERNATIVE ADEQUATE REMEDY: The injury caused to the Plaintiff cannot be adequately compensated in damages. The suit property is unique / the right of the Plaintiff is intangible and incapable of pecuniary measurement, and only a perpetual injunction restraining the Defendant from continuing the interference will afford complete and effective relief to the Plaintiff.

10. STATUTORY ENTITLEMENT: Under Section 54 of the Specific Relief Act 1877, a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the Plaintiff, whether expressly or by implication. The conditions enumerated in Section 54 are squarely satisfied in the present case, and the discretion of the Court ought to be exercised in favour of the Plaintiff.

11. URGENT INTERIM PROTECTION: The Plaintiff prays for an order of temporary injunction during the pendency of the present suit to preserve the status quo as it existed prior to the unlawful interference, in the interests of justice and to prevent any further damage. The balance of convenience tilts in favour of the Plaintiff, who has a strong prima facie case and would suffer irreparable injury if interim relief is not granted.

12. NO ALIENATION DURING PENDENCY: The Defendant should be restrained from alienating, transferring, encumbering, demolishing, or otherwise dealing with the suit property in any manner that may render the relief of permanent injunction infructuous, and from creating any third party interest pendente lite.

13. JURISDICTION: This Honourable Court has territorial and pecuniary jurisdiction to entertain the present suit, the cause of action having arisen wholly within the territorial limits of this Court and the value of the suit being within the pecuniary jurisdiction of this Court.

14. LIMITATION: The cause of action for the present suit is a continuing one, accruing afresh each day on which the Defendant continues the unlawful interference. The present suit is filed within the period of limitation prescribed by the relevant Article of the First Schedule to the Limitation Act 1908.

15. NO PRIOR LITIGATION: There is no prior or pending litigation between the parties in respect of the same subject-matter before any other forum, save and except prior_litigation_disclosure. The Plaintiff has approached this Honourable Court with clean hands.

16. CAUSE OF ACTION: The cause of action accrued to the Plaintiff on first_interference_date when the Defendant commenced the unlawful interference, and continues to subsist.

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 of permanent injunction restraining the Defendant, his / her agents, servants, attorneys, and persons claiming through him / her, from interfering with the Plaintiff's lawful possession / enjoyment / right in and over the suit property in any manner whatsoever;

(b) Pass a decree directing the Defendant to remove any unauthorised construction, encroachment, or obstruction caused by the unlawful interference, at the Defendant's own cost;

(c) Pass an order of temporary injunction during the pendency of the present suit, restraining the Defendant from continuing the unlawful interference and from alienating or encumbering the suit property;

(d) Award damages caused by the interference, in such sum as this Honourable Court may determine on the evidence;

(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