KULDEEP KUMAR KOHLI
RZ 200B, STREET NO. 3, RAM CHOWK,
SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045
Mobile: 08860332404
E MAIL: KULDEEP.KOHLI55@GMAIL.COM
IN THE COURT OF ADDI. CIVIL JUDGE
SR. DIVN. SOHNA
Kuldeep
Kumar Kohli S/o. Late Sh. Prem Nath Kohli R/o. RZ 200B, Street No. 3, Ram
Chowk, Sadh Nagar Part-I, Palam Colony, New Delhi - 110045.
..PLAINTIFF… VERSUS
(1) C.R.O./Tehsildar Sohna, Tehsil Sohna, District
Gurgaon.
(2) Girdawar Halqua Village Raiseena, Tehsil
Sohna, District Gurgaon.
(3) Halqua Patwari Village Raiseena,, Tehsil
Sohna, District Gurgaon.
..DEFENDANTS....
Suit
for Mandatory Injunction with Consequential Relief of Permanent Injunction.
The plaintiff most respectfully submits
as under:-
1. That the plaintiff is the owner and in
exclusive possession of a Farm bearing No. A-2, Ansals Aravali Retreat which is
part and parcel of Khewat No. 65, Khatoni No. 94 Rectangle No. 9/23 Min 24 Min
and Rectangle No. 24/2 Min 3 Min total measuring 8 Kanal situated in the
revenue estate of Village Raiseena, Tehsil Sohna, Distt. Gurgaon by way of sale
deed bearing Vasika No. 1568 dated 09.06.2005 and shown as Gairmumkin farm in
the Jamabandi for the years 1990-1991, 2000-01, & 2005-06. Copies of the Sale deed and of Jamabandi for
the year 1990-91, 1995-96, 2000-01, & 2005-06 are attached. (Annexure-1, 2,
3, 4 & 5)
2. That previously the above said land was
owned and possessed by M/s Ansal Properties and Industries Ltd. who developed
the same in the shape of farm House and after Developing the said land, they
marked separate Farm No. of the land and sold the same to the purchasers and
purchasers including the plaintiff is using the said land as farm House and
entries in this regard has been incorporated in the Jamabandi for the years
1990-91, 1995-96, 2000-01, & 2005-06.
3. That the said Farm house land being Farm No
A-2 in Aravali Retreat in village Raisina District Gurgaon, Haryana was
specifically described in the Sale Deed as the piece of land admeasuring 1
acre, bearing distinct No. A 2 covered by Rectangle No. 9/23 Min, 24 Min and
Rectangle No. 24/2 Min, 3 Min, Khewat No. 58, Khata No. 94 Kita 856, Total Area
6612 Kanal 7 Marla Ka 160/132247 Bagh Area 8 Kanal share hereinafter referred to as Farm No A 2.
The Sale Deed also confirmed that the said farm is free from all sorts of
encumbrances, liens, charges etc. and
the promoter has the full right and authority to sell the land. The sale deed
clearly specified “Whereas the promoter along with its associate companies i.e.
M/s Elite Developers Ltd., M/s Delhi Towers & Estates Pvt. Ltd., M/s Green
Park Theatres Associated Pvt. Ltd purchased lands in Khewat 28/15, Khata No.
75/53 and Khewat No. 29/16, Khata NO. 76/54 of the revenue estate of mauza
Raisina for the promotion and development of farms under its scheme to be known
as ARAVALI RETREAT in and around village Raisina, District Gurgaon, Haryana. and whereas the Promoter has entered into
arrangements with its associate companies to develop the entire said land to
carve out and sell farms of different sizes and dimension and to realise the
sale price from intending buyer AND WHEREAS, the said land was waste land and a
hilly terrain, the promoter has reclaimed the sand land for the successful
promotion and completion of its aforesaid scheme of developing the said land
into farm units and for that purpose the Promoter has divided the said land
into separate units to be sold to individual Buyer although the scheme has certain common roads, approach roads and
some areas and facilities meant for the common use of buyer of the farms visitors
etc. ” Sale deed further states: “Whereas on the application of the buyer, the
promoter had allotted to the Buyer Farm No. A-2, in the aforesaid scheme vide
allotment dated 03.10.1991 for a consideration of 3,65,000.00 on the terms and
conditions stipulated in the said allotment and duly accepted by the buyer
after being satisfied that the promoter
had the right and authority to sell the said Farm and the said Farm is free
from all sorts of encumbrances, liens,
charges, whatsoever; AND “WHEREAS the buyer has desired that the aforesaid Farm
be now transferred to him and the promoter has agreed to the same.” Hence what
Ansals had to sell to the applicant in no uncertain terms is a Farm.
4. That the defendants are revenue officers
and colluded with each other and did not issue the copy of the latest Jamabandi
in spite of the plaintiff requesting for the same many a
times to the defendants. In spite
of repeated requests, the Defendants failed to issue the copy of Jamabandi
since 2005-2006 till date.
5. That there is an apprehension in the mind
of the plaintiff that the entry in the revenue record could be changed behind
the back of the plaintiff and without serving upon any notice and in these
conditions if the defendants succeed in their illegal motive to change the
entry regarding the suit land at the back of the plaintiff then the plaintiff
would suffer irreparable loss and injury which cannot be compensated in terms
of money.
6. That it is also pertinent to mention here
that if defendants change the entry of the farm House to Gair Mumkin Pahar then
the said entry would be illegal and same is liable to be declared illegal null
and void and not binding upon the rights of the plaintiff.
7. That it has been observed by the Honourable
Court of Ld. Ramawatar Pareek, Presiding Officer-cum-JMIC, Special Environment
Court, Faridabad in the case No. 12 of 2007 between Haryana State Pollution
Control Board versus M/s Ansals Properties and Infrastructure Ltd. that
“Perusal of the enquiry shows that the total land was purchased by associate
companies of accused number 1 in year 1987-1988 and from year 1988 till 1990 it
was developed. In this regard he has
relied upon the no objection certificate of Director, Town & Country
Planning, Haryana dated 29.1.1990, Map of site plan sent by accused no. 1 to
Director, Khasra Girdawari of Rabi and Kharib 1990, permission by Haryana State
electricity Board vide letter no. 2794 dated 5.4.1991, demarcation report,
certificate of expenses and receipt of find regarding felling of trees by
accused no. 1 in year 1989-1990.
Photocopy of
these
documents has also been placed upon this file.
Perusal of report further shows that the expenses incurred by the
accused no. are “Two Crore Thirty Eight Lac Thirty Nine Thousand Five Hundred
Thirty Five rupees”( Rs. 2,38,39,535/-).
The evidence so adduced by the ld. Defence counsel shows that the
Aravali Retreat was developed by accused no. 1 after its purchases. Perusal of all these documents suggest that
huge expenses was incurred by accused no. 1 in year 1990-1991 in constructing
roads, pillars, berms, fencing etc. Both
of above mentioned reports nowhere indicate any illegality on the part of
accused no. 1. Thus both of the reports
only indicate that proper procedure was a followed and neither of the
authorities objected upon the change in girdawari of Rabi 1991 and its
incorporation into Jamabandi.
8. The Ld. Court further states “As such in
the present case the Jamabandi of 1990-1991 to Jamabandi of 2005-2006 of village Raisina of land in dispute clearly
depict that the nature of land in dispute has been shown as Gair Mumkin Farm
House. It is settled law that
presumption of truth is attached with entries of Jamabandi. A copy of the order dated 17.12.2014 in respect
of case No. 12 of 2007 is enclosed herewith.
9. That in the interim period from Jamabandi
year 2005-2006 till date, no notice of proceedings under due process of law by
the revenue authorities have been brought to the notice of the plaintiff which
may result or warrant any change of entry qua the suit land on revenue records since
the compilation of Jamabandi for the year 2005-2006. It is submitted that to
the best knowledge of the plaintiff, the entry qua the suit land on revenue
records stands status quo of Jamabandi year 2005-2006.
10. That the plaintiff asked the defendants
several times to issue the copies of the Jamabandi since the year 2005-2016
till today but the defendants failed to supply the same to the plaintiff till
today and now the plaintiff have came to know from reliable sources that the
defendants are adamant to change the entries of farmhouse in the latest
Jamabandi to Gair Mumkin Pahar and due to this reason they did not issue the
same to the plaintiff and hence this suit.
11. That the cause of action finally arose on
25-03-2015 when the defendant finally refused to issue the certified copy of
the Jamabandi since the year 2005-2006 and year 2010-2011 up to today and cause of action is still recurring
one.
12. That no suit between the parties and between
the parties under whom they or any of them claim litigating on the same grounds
has been previously instituted or finally decided by any competent court of
jurisdiction or limited jurisdiction.
13. That the suit property is situated within the
Territorial Jurisdiction of this Honourable Court and the cause of arose within
the territorial jurisdiction of this Hon’ble Court hence this Hon’ble Court has
jurisdiction to try and decide this suit.
14. That the value of the suit for the purposes
of Court fees and jurisdiction is assessed at Rs 200 /- on which court fees of
Rs. 25/- has been affixed on the plaint.
15. That the matter in question is very urgent in
nature and due to this reason an application for exemption from serving the
notice upon the defendant has filled.
16. That the plaintiffs humbly pray that a decree
for mandatory injunction directing the defendants to supply the Certified
copies of Jamabandi since the year 2005-2006 up to till today qua the suit land
fully detailed and described in para No. 1 of the plaint and on the supply of
the Jamabandi if the same is found as Gair Mumkin Pahar then the said Jamabandi
may kindly be declared illegal, null and void and be liable to be corrected as
Farm House as per previous entry
reflected upon the Jamabandi for the year 2005-2006 along with consequential
relief of permanent injunction restraining the defendants from changing and
altering the revenue entries in the Jamabandi may kindly be passed in favour of
the plaintiff and against the defendants with cost of the suit. Any other
relief deemed proper be also granted to the plaintiff.
Verification:-
Plaintiff
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