Tuesday, 12 February 2019
SUIT FOR REDEMPTION (RELEASE) OF MORTGAGED PROPERTY
Q. Draft a plaint in a suit for redemption of mortgaged land?
PLAINT
IN THE COURT OF SENIOR CIVIL JUDGE, _______________________
_________________ S/O ___________________ R/O ______________________________________
District_____________________________
Plaintiff
VERSUS
__________________ D/O___________________ R/O ______________________________________
District____________________________
Defendant
SUIT FOR REDEMPTION OF MORTGAGED LAND
It is respectfully submitted as under,
1. That the plaintiff is an owner/mortgagor of a house No 123 situated at Street No ________________
2. That the defendant is the mortgagee.
3. That the particulars of mortgage are as under,
I. Dated 1st of November, 2000.
II. Name of mortgager ______________________ son of ______________________
III. Name of the mortgagee namely ______________________ daughter of ______________________
IV. Sum secured Rs 6000/- per month for a period of two years.
V. Rate of interest 5% per annum.
VI. The property subject of mortgage: House No ____________________ St No ____________________ District ______________________________, pointed as follows,
North: house of ____________________________
South: house of ____________________________
East: _____________________________________
West: Open site belonging to________________________
VII. On the amount due Rs 6000/- as principle and Rs 600/- as interest from 01 09 2000 to 30 08 2002.
4. That since the plaintiff has paid all the dues towards him i.e. Rs. 6000/- per month as principle sum and Rs 600/- as interest per annum to the defendant, therefor the mortgaged property is liable to be redeemed.
5. That the plaintiff has given several notices to the defendant to hand over the original documents of the mortgage land to the plaintiff and he has failed to do the needful, hence this suit.
6. That the cause of action arose against the defendant on 30 10 2002 when the period of the mortgage agreement was over, secondly and finally last week ago when the defendant flatly refused to hand over back the original documents of the mortgage property to the plaintiff.
7. That the house being situated in____________________, the Civil Courts of____________________ have the jurisdiction to try this suit.
8. That the value of the subject matter of this suit for the purposes of Court fee and jurisdiction is Rs 6000/-, therefore no court fee has to be affixed on this plaint.
In view of the above it is respectfully prayed as under,
=> PRAYERS:
I. A decree may kindly be passed in favor of the plaintiff and against the defendant.
II. The land mortgaged to the defendant may kindly be redeemed.
III. Any other relief deemed possible by this Honorable Court may also be granted.
Plaintiff
THROUGH COUNSEL,
_________________________________
_________________________________
_________________________________
=> VERIFICATION:
Verified on Oath at __________________ on this 30th day of November 2002 that the contents of paras 1 to 6 are true to the best of my knowledge and those of paras 7, 8 and 9 are correct to the best of my information and belief.
Plaintiff
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