Suit for Possession of Property Trespassed by Defendant in Marathi

Suit for Possession of Property Trespassed by Defendant, format. Suit to get Possession of Trespassed Property can be filed before the Civil Judge or District Judge who has Pecuniary Jurisdiction to deal with the matter.

Format of Suit for Possession of property trespassed by defendant. This Suit can be filed to get possession of property illegally possessed or trespassed by the Defendant who is in unauthorized possession of the Property.

Suit for Possession of Property Trespassed upon by the Defendant is the remedy available when someone illegally trespassed the property and is in possession or using it illegally. As per the ratio laid down by the Supreme Court in judgment is that a person who asserts possessor title over a particular property, will have to show he is under settled or established possession of the said property. The Court will check that whether the Plaintiff Ram had better title over the suit property and whether he was in settled possession of the property, which required dispossession as per law. Format of Suit for Possession on trespassed Property is given below:

 

 

BEFORE THE DISTRICT JUDGE AT _________

CIVIL SUIT NO. __________ OF 20__

IN THE MATTER OF:

Mr. BBB_________                                                            PLAINTIFF

VERSUS

Mr. DDD__________                                                          DEFENDANT
 

SUIT FOR POSSESSION OF PROPERTY UNDER SECTION 6 OF SPECIFIC RELIEF ACT

MOST RESPECTFULLY SHOWETH:

1. That the Defendant as owner of House No. ________ admeasuring ______situated at ________ on _____ let out the same to the Plaintiff at a monthly rent of Rs. ______ for a period of 24 months commencing from ______ and put the Plaintiff in actual Physical possession of the said property.

2. That the Lease agreement was registered with sub registrar ______on ______ Copy of the Lease Agreement dated ____ is annexed herewith and attached as Annexure P1.

3. That on _____ the Defendant entered upon the tenanted premises in the absence of the Plaintiff, broke open the lock without the consent of Plaintiff and without any authority.  

4. That immediately on coming to know of the said act of trespass and unlawful and forcible dispossession committed by the Defendant, the Plaintiff reported the matter to the Police and also called upon the Defendant to vacate the said property and hand over possession thereof to the Plaintiff.

5. That the Defendant has neglected and failed to vacate the said property and handed over possession thereof to the Plaintiff, despite repeated protests by the Plaintiff.

6. That on ______ the Plaintiff sent a legal notice to the Defendant, by registered post, calling upon him to vacate the said property and hand over possession thereof to the Plaintiff, but in vain. As such, the Defendant continues to occupy the house in an unauthorized and illegal manner.

 

 

7. That the House is situated in ____________ and the lease agreement was executed within the Jurisdiction of this Hon'ble Court. The Defendant resides in the jurisdiction of this Hon'ble Court. As such this Hon'ble Court has Jurisdiction to entertain, try and decide the Suit.

8. That the cause of action firstly arose on ________ then it arose on _____ and ultimately it has arisen on _______. Therefore, this Suit has been filed within a period of six months from the date of dispossession.