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Suit For Declaration of Title.

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Q.8. Mr. ‘A’ is in possession of 1000 sq.

meter of land located at Lekhi village,


Naharlagun by virtue of LPC vide no. DC/ICC/LPC/T-000/2021, dated: 29/09/2021
issued by the competent authority after following due process. But Mr. ‘Z’ has
illegally encroached and attempts to erect a structure on the said land. File a suit for
declaration of title under section 26 read with order 7 of CPC.

Ans. IN THE COURT OF CIVIL JUDGE (Sr. Division)

CAPITAL COMPLEX, YUPIA

PAPUMPARE, ARUNACHAL PRADESH

TITLE (Declaration) SUIT NO. 03/2021

(Plaint filed under section 26 read with order VII


of CPC).

Date of institution: 10/10/21

IN THE MATTER OF

Shri ‘A’, S/o Shri ‘XYZ’


aged about 30 years,
resident of Lekhi Village,
PO/PS Naharlagun,
District Papumpare (A.P).

………Plaintiff
-VERSUS-

Shri ‘Z’, S/o ‘PQR’


aged about 33 yrs
resident of Lekhi village
PO/PS Naharlagun
District Papumpare (A.P).

MOST RESPECTFULLY SHEWETH:-

1. That the plaintiff is a schedule tribe person, belonging to Nyishi clan and is a
permanent resident of Lekhi village within the territorial jurisdiction of this Hon’ble
court.

2. That the plaintiff is a farmer by profession and therefore he purchased a land


located at Lekhi village, Naharlagun by virtue of LPC vide no. DC/ICC/LPC/T-
000/2021 from one Mr. ‘EFG’ on 29/1/2021. Thus the land is in possession of the
plaintiff.

[A copy of the LPC bearing


no. DC/ICC/LPC/T-000/2021
dated 29/1/2021 issued by
the Addl. Deputy
Commissioner, Naharlagun,
District Papumpare is in the
list of document as
document no.1]

[A copy of the cadastral


sketch map of the land
measuring 1000sq meter
of the plaintiff is in the list
of document as document
no. 2]

3. That cause of action for the suit arose on 9/10/21 when the defendant illegally
encroached and erected a structure on the suit property of the plaintiff. Despite
lodging several complains and notices the defendant did not pay any heed and
instead gave a very evasive reply to the plaintiff.
[A copy of the photograph
showing illegal construction
of the encroacher/defendant
is annexed here as
Annexture -1]

4. The value of the subject-matter of the suit for the purpose of jurisdiction as well
as court fees is Rs 10, 00,000.

5. The plaintiff, therefore, prays:

(a) That the defendant may be ordered to remove the illegal construction put up in
the suit property of the plaintiff.

(b) That by permanent injunction, the defendant be restrained in any manner in


constructing a structure on the suit property encroached by the defendant illegally.

(c) That such further or other relief as the nature of the case may require may also
be granted.

5. The description of the suit property is given in the schedule annexed to this plaint.

SCHEDULE OF THE PROPERTY

Land measuring 1000 Sq.Mtr. at Lekhi village bounded by:-

(I) North: - Land of Shri ‘SSS’.

(II) South: - Road

(III) East: - River

(IV) West: - Govt. school, Lekhi Village.


VERIFICATION

I, Shri ‘A’, the plaintiff above named do solemnly declare that what is stated in paras
1 to 5 is true to my knowledge and nothing has been concealed therein.

Place: - Lekhi village, Naharlagun Plaintiff

Date: - 10/10/21
AFFIDAVIT

I, Shri ‘A’, age about 30 years, Son of Shri ‘ XYZ’, resident of Lekhi village, PO/PS
Naharlagun, District Papumpare, Arunachal Pradesh do hereby solemnly affirm and
declare as under:-

1. That, I am the plaintiff of this plaint as I am well verse with the facts and
circumstances of the case, so I am competent to swear this affidavit.

2. That the contents of the plaint filed by me are true and correct to the best of my
knowledge and belief and nothing has been concealed therein.

3. That the contents of the plaint may kindly be read as part of this affidavit.

4. That the reliefs sought in the plaint are based on true and genuine facts.

Hence, I swear that this affidavit/ declaration is true, that it conceals nothing and
that no part of it is false, so help me God.

“OATH”

And I signed this affidavit in the Chief Judicial Magistrate court premises at Yupia,
Arunachal Pradesh, on this 10th day of October 2021.

Identified by:- Deponent

(777)

Advocate

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