Tuesday, 12 February 2019
SUIT FOR PARTITION AND SEPARATE POSSESSION
Q. Rukhsana and Shabana are sisters and want to get their shares in joint estate left by their father, other legal heirs are a brother and a minor sister. Draft a plaint for suit for partition and separate possession for them? OR
Q. Naghmana has been deprived of her share in the joint and undivided estate left by her late father. Her brother is occupying the entire estate. Draft a plaint for Naghmana for the suit for possession through partition of her separate share in the joint and undivided estate. A. Draft a Written Statement on behalf the defendant in the above suit?
PLAINT
IN THE COURT OF SENIOR CIVIL JUDGE,___________________
____________________ S/O ______________________ R/O _____________________________
District_____________________________
Plaintiff
VERSUS
____________________ S/O ______________________R/O __________________________________
District____________________________
Defendant
SUIT FOR PARTITION AND SEPARATE POSSESSION
It is respectfully submitted as under,
1. That the father of the plaintiff and the defendant died on 01.12.2005. The copy of the death certificate is attached with this suit.
2. The deceased father left behind a two storey house situated at_______________________________.
3. That the plaintiff and the defendant are brothers and sisters and they are the only legal heirs of the deceased father and there is no other legal heir or claimant of the said property.
4. That since the death of the deceased father of the plaintiff and the defendant, the defendant_______
_______________has occupied the house left by the deceased father of the plaintiff and the defendant and he does not admit the claim of the plaintiff to be the equal and joint sharer of the said property.
5. That repeated demands were made by the plaintiff to the defendant for the partition of the said house but the defendant flatly refused to do the needful, hence this suit.
6. That the cause of action arose firstly on 01 12 2006 when the father of the plaintiff and defendant died, secondly and finally a week ago when the defendant flatly refused to divide the joint estate of the plaintiff and the defendant into two equal parts.
7. That since plaintiff and defendant are residing in Lahore, and the disputed property is situated at Lahore therefore civil Courts of __________________________ have the jurisdiction to try this suit.
8. That the valuation of the suit for the purposes of court fee and jurisdiction is Rs 4000/- therefore, no Court fee has to be affixed on the subject plaint.
In view of the above it is respectfully prayed as under,
=> PRAYERS:
I. A decree for partition of the joint estate of the plaintiff and defendant may kindly be passed by
dividing estate into two equal parts.
II. Heavy costs may also be awarded to the plaintiff.
III. Any other relief deemed possible by this Honorable Court may also be granted.
Plaintiff
THROUGH COUNSEL,
_________________________________
_________________________________
_________________________________
=> VERIFICATION:
Verified on Oath at __________________________ on this 4th day of March 2006 that the contents of paras 1 to 5 are correct to the best of my knowledge and remaining paras 6, 7 & 8 are true to the best of my information and belief.
Plaintiff
WRITTEN STATEMENT (REPLY)
IN THE COURT OF Mr ABC, CIVIL JUDGE 1st CLASS, LAHORE
In Re: _____________________________ VERSUS _______________________________
(SUIT FOR PARTITION AND SEPARATE POESSION)
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT:
It is respectfully submitted as under,
1. Admitted
2. Admitted.
3. Admitted: The deceased father gifted the whole house to the defendant in his life time and no objection to the said gift was made by the plaintiff at that time. Therefore, no cause of action accrues against the defendant and the defendant is the sole owner of the said property.
4. Denied to the extent that the plaintiff is the joint sharer of the disputed property left by the deceased father of the defendant and plaintiff. As mentioned above the deceased father of the defendant gifted the said property in favour of the defendant in his life time and since then, the plaintiff is the sole owner of the disputed house, therefore no claim remains on the part of the plaintiff regarding the said house.
5. Denied, Fact is as mentioned in the above paragraphs. No demands were made to the defendant regarding partition of the suit property.
6. Legal
7. Legal
8. Legal
In view of the above it is respectfully prayed as under,
=> PRAYERS:
I. This suit may kindly be dismissed.
II. Heavy costs may also be awarded to the defendant.
III. Any other relief deemed possible by this Honorable Court may also be granted.
Defendant
THROUGH COUNSEL,
_________________________________
_________________________________
_________________________________
=> VERIFICATION:
Verified on Oath at ___________________ on this 28th day of March 2007 that the contents of this reply are true according to my belief and knowledge.
Defendant
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