SUIT FOR SPECIFIC MOVABLE PROPERTY LOST OR ACQUIRED BY THEFT OR MISAPPROPRIATION ETC in Marathi

SUIT FOR SPECIFIC MOVABLE PROPERTY LOST OR ACQUIRED BY THEFT OR MISAPPROPRIATION ETC.

Nature of grievance:

Suit for specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion:

Suit for compensation for wrongfully taking or detaining any specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion: Where any specific movable property is lost or stolen, and afterwards it was learnt that any person is in the possession of the said specific movable property, but where the said person unlawfully refuses to deliver the said property, or where the concerned person dishonestly misappropriate or converts the said property – A Suit may be filed for the possession of said specific movable property, within 3 years from the date when the person entitled to the possession of the said property, for the first time learnt that in whose possession the concerned property is, under Article 68 of the Indian Limitation Act, 1963; or A Suit may be filed for the compensation, within 3 years from the date when the person entitled to the possession of the said property, for the first time learnt that in whose possession the concerned property is, under Article 91(a) of the Indian Limitation Act, 1963.

Suit for compensation for wrongfully taking or injuring or wrongfully detaining any other specific movable property: Where any person, unlawfully, detains any specific movable property, or unlawfully causes injury to a specific movable property, or unlawfully takes any specific movable property – A Suit may be filed for compensation, within 3 years from the date, when the property concerned was unlawfully taken or injured or when the possession of the detainer becomes unlawful, under Article 91(b) of the Indian Limitation Act, 1963.

Reliefs prayed:

(As may be appropriate and applicable to the facts of one’s case)

a)     The Defendant be ordered and decreed to handover possession of Suit property;

b)     The Defendant be ordered and decreed to pay Rs.______, being the compensation, as per the particulars of Claim, annexed to the Plaint at Exhibit “______”;

c)     That the Defendant be further ordered and decreed to pay interest on the Suit amount, @12% from the date of filing of Suit, till date of judgment; and further interest @6% from the date of judgment till payment.

d)     The Hon’ble Court be pleased to declare that ___________  (declaration, in the absence of which the rights of the Plaintiff is frustrated);

e)     The Defendants be permanently injuncted from acting (permanently restrained from doing of certain acts), such acts which would otherwise frustrate the rights of the Plaintiffs, or such acts, which would otherwise run contrary to the rights of the plaintiff.

f)      The Defendants be ordered and decreed to pay mesne profits from the date occupation of the Suit property till the date of institution of the Suit;

g)     The Defendants be further ordered and decreed to pay mesne profits from the date of institution of the Suit till the handing over of the possession of the Suit property;