IN THE COURT OF HON’BLE MS __________ LD. ADJ, SAKET COURT, NEW DELHI

CS DJ NO. 12345/16

IN THE MATTER OF:

SATENDER KUMAR AND ANS.                                                                                                        PLAINTIFFS

VERSUS

DDA                                                                                                                                                     RESPONDENTS

APPLICANTS

Through

( Vikas Kumar Pandey)

ADVOCATE

ENROLLMENT NO………

ADDRESS:………………

EMAIL:…………………

MOB. NO………………

Place :_____

IN THE COURT OF HON’BLE MS ______________ LD. ADJ, SAKET COURT, NEW DELHI

CS DJ NO. 12345/16

 IN THE MATTER OF:

SATENDER KUMAR AND ANS.                                                                                            PLAINTIFFS

VERSUS

DDA                                                                                                                                             RESPONDENTS

APPLICATION UNDER ORDER 1, RULE 10 READ WITH SECTION 151 C.P.C. ON BEHALF OF SHRI ___________________ S/O LT. _________________ FOR ADDITION OF NECCESARY PARTIES AS PLAINTIFFS IN A PENDING SUIT FOR POSSESSION

MOST RESPECTFULLY SHOWETH: 

1. That the above noted suit is pending  before this court wherein the next date of hearing is 16.09.2023.
2. That in the aforesaid matter, the Respondents are claiming the land of 1000 sq yards which also includes the land of Applicants measuring 440 sq yards having address _________________Mehrauli New Delhi-110030 bearing Khasra no. 123456/3 min.
3. That the Respondents without issuing any notice to the applicants are claiming the ownership of the abovesaid property while the applicants are still the rightful owner of the abovesaid property.
4. That the Plaintiff SatenderKumar has filed the suit against the Respondents.
5. That the disputed land measuring 440 sq yards carved out of Khasra no. 123456/3 min. was purchased by Lt. ____________________on 20^th August 1999 from _________________ (Owner of the property in year 1999) (Copy of verified nakal/jamabandi annexed as Annexure A).
6. That on the death of Lt. _________________on 10.04.2021 after clearing his belongings, the applicants found the Will of Lt. ______________ who was the owner of the land measuring 440 sq yards in the name of Lt. ________________ along with General Power of Attorney and Sale agreement proving ownership of Lt. __________________ over the land.
7. That Lt. Sh ___________via Sale agreement, Registered General Power of attorney and Registered Will dated 20^th August 1999 purchased the property for a consideration of Rs.80,000/- and got possession of the land in dispute. (Copy of the documents annexed as Annexure B).
8. That the transfer of property took place in the year 1999hence the above said documents are proof of the valid transfer.
9. That for few years Lt ________________also paid the House tax for his property. (Copy of the House Tax annexed as Annexure C).
10. That on being aware of the said documents a Relinquishment deed was executed in favour of the Applicants namely _____________and ___________by Mrs. ______________ w/o Lt ____________and Mrs. _______________ D/o Lt ___________ on 23^rd June 2021. (Relinquishment deed annexed as Annexure D).
11. That Lt _______________also issued a legal notice in the name of Respondents in the year 2014 after getting aware of the illegal possession by the Respondents demanding the compensation for the land or giving back the ownership but the Respondents failed to answer the plight of a senior citizen. (Copy of the legal notice annexed as Annexure E).
12. That the Applicants are now the owner of vacant plot bearing no. ___________________Mehrauli New Delhi- 110030 bearing khasra no. 123456/3 min after the execution of Relinquishment Deed.
13. That the Khasra no. of the land in 1999was 1025 and then it changed to 1161 in 2013-2014 and presently the updated  Khasra no. of the land in dispute is 1125/3.
14. That neither the original plaintiffs nor the Defendants have presented the above facts in the Hon’ble court.
15. That the addition of Applicants as necessary parties in the suit is important so that the real controversy regarding the land in dispute can be adjudicated and no adverse order shall be passed.
16. That the applicants will suffer irreparable loss as there can be no proper adjudication of the matter without adding the applicants as necessary party to the suit.

PRAYER:

It is therefore prayed that this Hon’ble Court may be pleased to:

1. That under the circumstances it is in the interest of justice that the applicants are added as necessary party in the suit for proper adjudication.
2. Pass any other further order in favour of applicants which this Hon’ble Court deems fit and proper in present facts and circumstances, in the interest of justice.

It is prayed accordingly.

Verification:-

Verified at Delhi on this ____ day of March, 2023, that Para No. 1to 4 are correct to my knowledge and belief and last para is prayer clause and nothing material has been concealed thereof.

Applicant/s

IN THE COURT OF HON’BLE MS __________ LD. ADJ, SAKET COURT, NEW DELHI

CS DJ NO. 12345/16

IN THE MATTER OF:

SATENDER KUMAR AND ANS.                                                                                            PLAINTIFFS

VERSUS

DDA                                                                                                                                             RESPONDENTS

AFFIDAVIT

I, _____________l, aged about _________ S/o __________R/o____________________________ do hereby solemnly affirms and declare an hereunder that-

1. That I am the applicant and well conversant with facts of the case and thus competent to swear this affidavit.
2. That the accompanying application under order 1, rule 10 read with section 151 CPCis drafted by my counsel on my instructions and I have read the contents of the same and found as correct. The contents of accompanying application may be read as part and parcel of this affidavit as the contents whereof have not been repeated herein for the sake of brevity.

Deponent

Verification–

Verified at Delhi on this day of _____________, that the contents of above affidavit are true and correct to my knowledge and nothing material has been concealed therefrom.

    Deponent