📝 Suit for Declaration and Possession

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 📝 Suit for Declaration and Possession

(Under Section 34 of the Specific Relief Act and relevant provisions of CPC)

IN THE COURT OF THE CIVIL JUDGE / SENIOR CIVIL JUDGE
At: ____________

SUIT FOR DECLARATION AND POSSESSION

IN THE MATTER OF:

Plaintiff: [Full Name]
S/o or D/o or W/o: ____________
R/o: [Full Residential Address]

VERSUS

Defendant: [Full Name]
S/o or D/o or W/o: ____________
R/o: [Full Residential Address]

MOST RESPECTFULLY SHOWETH:

  1. That the plaintiff is the absolute and rightful owner of the property bearing no. ____________, situated at ____________, by virtue of [sale deed/gift deed/will, etc.].

  2. That the defendant has illegally encroached/forcibly taken possession of the suit property without any right, title, or interest.

  3. That despite repeated demands and legal notices, the defendant has failed to vacate the suit property.

  4. That the plaintiff seeks a declaration to the effect that he/she is the true and legal owner of the suit property.

  5. That the plaintiff also seeks possession of the said property from the illegal occupant i.e., the defendant.

  6. That the cause of action first arose on ____________ and continues till date.

  7. That this Hon’ble Court has territorial and pecuniary jurisdiction to entertain the present suit.

PRAYER:

It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:

a) Declare the plaintiff as the legal and rightful owner of the property bearing No. ____________;
b) Direct the defendant to vacate the property and hand over peaceful possession to the plaintiff;
c) Award costs of the suit in favour of the plaintiff;
d) Pass such other or further order(s) as this Hon’ble Court may deem fit in the interest of justice.

Plaintiff
(Through Counsel)

[Advocate’s Name]
[Enrollment No.]
[Office Address]
[Mobile Number & Email]

📌 Annexures:

  • Title documents (sale deed/gift deed/etc.)

  • Copy of legal notice (if any)

  • Proof of encroachment or possession by defendant

  • Site map/photos if applicable


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