AMENDED PLAINT

IN THE COURT OF SHRI TARUNPREET SINGH, CIVIL JUDGE JUNIOR

Dewan Singh Khaira aged about 74 years, son of late Sh. Mohinder Singh son of
Ujjagar Singh, resident of 22, Rose Avenue Gravesend, Kent, DA12 21.N. United
Kingdom through his Special Power of Attorney namely Amarjit Kaur daughter of
Late Sh. Mohinder Singh, resident of Village Malsian, Tehsil Shahkot, District
Jalandhar.

.. Plaintiff

-Versus-

1. Balbir Kaur now Divorcee of Dewan Singh son Mohinder Singh resident of
Aman Nagar, Tehsil Shahkot, District Jalandhar.
2. Harpreet Kaur Sandhu wife of Harbeer Singh daughter of Sh. Dewan Singh,
resident of [Link].30, Model Town, Ferozepur.
3. The Sub-Registrar/Joint Sub-Registrar Tehsil Shahkot District Jalandhar.

.. Defendants

Suit for declaration to the effect that the alleged sale deed document No.
2021-22/177/1/1086 dated 03.11.2021 registered with the office of Sub-
Registrar Shahkot alleged to be executed by defendant No.1 in favour of
defendant No.2 is false, forged, fabricated, illegal, null, void ab-initio,
and is liable to be cancelled as the alleged sale deed has been executed
by the defendant No.1 without having any right, title or concern in the
suit property situated at Village Akalpur Tahsil Shahkot, District
Jalandhar measuring about 17 Marlas as shown red in the site plan
attached and bounded as:

East : Rasta;
West : Gurmit Singh;
North: Girdhari Lal;
South: Girls High School

and a false document has been created just in order as to grab the suit
property of the plaintiff, mentioned above as alleged sale deed is having
no value in the eyes of law and the same is not binding upon the legal
rights of the plaintiff and also liable to be cancelled, qua the suit
property.

AND

Suit for the permanent injunction restraining defendant No.2 from

AND

Suit for Mandatory Injunction directing the defendant no. 3 to cancel

Sir,

It is submitted as under:

1. That the plaintiff is residing at United Kingdom since long and is permanent
resident of United Kingdom of Great Britain and Northern Ireland and is having
British Passport as such he is unable to appear before this court on every date as
such he has appointed his sister as his lawful Special Power of Attorney to take
care and to file any case with regard to his property, as detailed in the said attorney
including the suit property and to do all other acts required for the take care of the
said property. As such the present suit has been filed under the signature of Smt.
Amarjit Kaur daughter of Late Sh. Mohinder Singh, resident of Village Malsian,
Tehsil Shankot, District Jalandhar being the Special Power of Attorney of Dewan
Singh Khaira son of Late Sh. Mohinder Singh son of Ujjagar Singh, resident of 22,
Rose Avenue Gravesend, Kent, DA12 21.N. United Kingdom as the plaintiff
Dewan Singh Khaira has appointed her as his special power of attorney dated
15.06.2022 duly endorsed with the office of Deputy Commissioner, Jalandhar vide
document No.832 dated 13.07.2022. The Special Power of Attorney is the real
sister of the plaintiff and is having personal knowledge of the facts of the present
case and is fully conversant with the facts of the present case. The said attorney is
fully authorized by the plaintiff to file the present suit and to depose on his behalf
in the present suit and to do all the necessary acts and deeds as prescribed in the
Special Power of Attorney executed by the plaintiff. Copy of the attorney and
copy of the passport of the plaintiff are attached.

2. That the defendant no.1 was the wife of the plaintiff but the relation of the
plaintiff with the defendant no.1 was not cordial as after the marriage of the
plaintiff with the defendant no.1, the defendant no.1 always treated the plaintiff
with utmost cruelty and as such the plaintiff has got divorce from the defendant
no.1 from the court. So the defendant no.1 is now no more wife of the plaintiff.
The defendant no.2 in the real daughter of the plaintiff who has been born during
the lawful wedlock of the plaintiff and the defendant no.1.

3. That the plaintiff Dewan Singh Khaira is the exclusive owner in possession of
the land property measuring about 103 Kanal-10 Marlas situated at Village
Akalpur, Tehsil Shahkot District Jalandhar along with Taur measuring 2K-
1lMarlas 24 Sarsai situated at Village Akalpur, Tehsil Shahkot District Jalandhar
and Taur measuring 3K-11Marlas 8 Sarsai situated at Village Akalpur, Tehsil
Shahkot, District Jalandhar and Taur measuring about 13K-10Marlas situated at
Village Akalpur, Tehsil Shahkot, District Jalandhar on the basis of the decree and
judgment dated 25.03.1995 passed by the Hon'ble Court of Sh. Gurnam Singh, the
then Additional Sub Judge, Nakodar in the case titled as “Dewan Singh Vss.
Mohinder Singh” having case [Link]/498/1994. Copy of the judgment and decree
attached herewith.

4. That out of the total land the plaintiff has sold land measuring about 7 Marla
6 Sarsal to Sh. Jaswinder Singh and Surjit Singh vide sale deed document no.174
dated 25.04.2013 registered with the office of Sub-Registrar Shahkot. Similarly the
plaintiff has also sold land measuring about 7 Marla 6 Sarsal to Sh. Smt. Palwinder
Kaur wife of Sarabjit Singh vide sale deed document no.175 dated 25.04.2013
registered with the office of Sub-Registrar Shahkot. The plaintiff has also sold
land measuring about 7 Marla 6 Sarsai to Simranjit Singh and Arshdeep Singh vide
sale deed document no.176 dated 25.04.2013 registered with the office of Sub-
Registrar Shahkot. The plaintiff is having the possession of the remaining land
with him. Copies of the sale deeds are attached herewith.

5. That the plaintiff is residing at abroad and was unable to come to India to
take care of his entire land property and as such the plaintiff has appointed his real
sister as his lawful Special Power of Attorney to take care the entire land owned by
the plaintiff at Village Akalpur and has authorize to do all the acts and deeds in this
regard.

6. That the defendants No.1 1 and 2 were having malafide intentions towards
the property owned by the plaintiff at Village Akalpur, Tehsil Shahkot, District
Jalandhar and were having bad eye on the said property. As such in order to grab
the property owned by the plaintiff and to cheat the plaintiff the defendants no.1
and 2 in connivance with each other with their dishonest intentions have fabricated
the forged the sale deed as detailed in the headnote of the plaint. The defendant
no.1 had sold the land property measuring about 17 marlas out of Taur measuring
13 kanal 10 marla belonging to the plaintiff to the defendant no.2 illegally and
false sale deed document no. 2021-22/177/1/1086 dated 03.11.2021 registered with
the office of Sub-Registrar Shahkot, has been created by the defendant no.1 in
favour of the defendant no.2 without having any right, title, concern or interest in
the suit property without the knowledge of the plaintiff.

7. That the plaintiff came to know the execution of the above mentioned false
sale deed by the defendant no.1 in favour of the defendant no.2 in the month of
August, 2022 when the attorney of the plaintiff have visited the land property of
the plaintiff situated at Village Akalpur, Tehsil Shahkot District Jalandhar then the
plaintiff has moved a complaint bearing NO.1945-FTM dated 25.08.2022 before
the office of SSP Rural through his attorney hut till date police had not taken any
action against the defendants no.1 and 2.

8. That now the defendant No.2 in proclaiming herself to be the owner on the
basis of the alleged forged and fabricated false sale deed an detailed in the heat
note of the plaint, which is void ab-initio as the same illegally executed by
defendant no.1 without having any right, title, link or concern with the suit
property and false document has been created by the defendant no.1 and defendant
no.2 in connivance with each other in order to grab the suit land, as above
mentioned alleged sale deed is having no value in the eyes of law and the same is
null and void document and is not binding upon the legal rights of the plaintiff and
also liable to be cancelled. The defendant no.1 was never the owner of the suit
property and was not having any authority or competency to sell or alienate the suit
property.
9. That the defendants no.1 and 2 are head strong persona and can sell the suit
land to any other person in order defeat the rights of the plaintiff that will cause
multiplicity of litigation.
10. That under the garb of the above mentioned false sale deed the defendant
no.2 is trying to take the illegal possession of the suit land belonging to the
plaintiff.

11. That the defendant no.1 was having no legal right to sell the any part of the
suit land property as she have no right, title, link or concern with the suit property
as detailed above.

12. That the plaintiff has now came to know that the defendant no.2 has done
talks with some property dealers to sell the said suit land property to some buyers,
then the plaintiff has approached the defendant no.2 to not to do any illegal act in
connivance with the defendant no.1 but the defendant no.2 had not paid any heed
on the request of the plaintiff rather the defendant no. 2 has threatened the plaintiff
that she will further alienate or transfer the title of the suit land to some prospective
buyer that will cause multiplicity of litigation. The threats of the defendant No. 2
and her associates are still in continuation.

13. That the plaintiff and his said attorney again in the month of September,
2022 has requested the defendant no.2 to not to sell or alienate or transfer any part
of the suit land on the basis of false and illegal sale deed as detailed above but the
threats of the defendant no. 2 to alienate, transfer the suit land are still continues.
The plaintiff and his attorney has also requested the defendant no.1 to cancel the
said false sale deed illegally executed by her in favour of the defendant no.2 but to
no use.

14. That under these circumstances, the plaintiffs have left with no other equal
and efficacious remedy except to file this suit.

15. That the cause of action accrued to the plaintiff against the defendants when
the defendant no. 1 without having any right, title, link or concern with the suit
land property have illegally and unlawfully executed false, forged, illegal, null and
void ab-initio sale deed as detailed above in favour of the defendant no. 2 and
when few day ago the defendants had flatly refused to admit the claim of the
plaintiff and when the defendant no. 2 has threatened to further to execute sale
deed, alienate or transfer the suit land to some prospective buyer on the basis of
illegal and void ab-initio sale deed.

16. That no such similar suit has earlier been filed, pending or decided between
the suit parties with regard to the above mentioned suit property.

17. That the property is situated in the revenue estates of Village Akalpur, Tehsil
Shahkot District Jalandhar and as such this court has got the Hon'ble jurisdiction to
entertain, try and decide the present suit.

18. That the value of the suit for the purpose of court fees and jurisdiction for
the relief of declaration of the suit land is Rs.6,15,000/- upon which a court fee of
Rs.18,200/- and for permanent injunction court fee of Rs.50/- and for purpose of
Mandatory Injunction is court fee of Rs.50/- which total the comes to Rs.18,300/-
has been affixed.

It is, theretofore respectfully prayed that suit for declaration to the effect that
the alleged sale deed document 2021-22/177/1/1086 dated 03.11.2021 registered
with the office of Sub-Registrar Shahkot, alleged to be executed by defendant No.1
in favour of defendant No.2 is false, forged, fabricated, illegal, null, void ab-initio,
and is liable to be cancelled as the alleged sale deed has been executed by the
defendant no. 1 without having any right, title or concern in the suit property
situated at Village Akalpur Tehsil Shahkot, District Jalandhar measuring about 17
Marlas as shown red in the site plan attached and bounded as East : Rasta; West :
Gurmeet Singh; North : Girdhari Lal; South : Girls High School and a false
document has been created just in order to grab the suit property of the plaintiff, as
mentioned above as alleged sale deed is having no value in the eyes of law and the
same is not binding upon the legal rights of the plaintiff and also liable to be
cancelled, qua the suit land property be decreed in favour of the plaintiff and
against the defendants and decree for permanent injunction restraining the
defendant No. 2 from alienating, mortgage, transfer the suit property herself or
through her attorney(s), representatives etc. and claiming herself to be the owner of
the suit property without any right, title and interest in the suit property, in any
manner except in due course of law, may kindly be passed in favour of the plaintiff
and against the defendants, throughout costs, and decree for Mandatory Injunction
directing the defendant no. 3 to cancel the sale deed as detailed above illegally
executed by defendant No. 1 in favour of defendant no.2 without having any right,
title or interest in the suit property be passed in favour of the plaintiff and against
the defendants, in the interest of justice And/Or Any other relief which this Hon'ble
Court deem fit may also be granted to the plaintiffs.

Plaintiff
Through Counsel:

Navtej Singh Minhas,

Verification:

Verified that the contents of the above said plaint from para no. 1 to 15 are
true and correct to the best of my knowledge on factual aspects and contents of
para no. 16. to 18 are believed to be true on the basis of information and legal
advice received, whereas last para is a prayer clause.

Verified at

Plaintiff