Suit For Damages For Wrongful Sale Of Plaintiff’s House

Suggest Format of " Suit For Damages For Wrongful Sale Of Plaintiff’s House"​

Note: This is a sample format/Draft of Suit for damages for Wrongful Sale of Plaintiff’s House. For the actual drafting and/or customs designed & precise inputs you can touch us for online drafting based upon your inputs. This draft can be downloaded free and modified for contingent and urgent requirement.

 

BEFORE THE HON’BLE JMFC/CITY CIVIL COURT

_____________AT _______________, MUMBAI

Suit no.______ of 20_____

 

Mr. ABC S/o DEF                     )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )        

….…………Plaintiff

            Versus

 

1.Mr. XXX S/o YYY                   )

  1. Mr. VVVVVVVVVVVVVV )
  2. Mrs. PPPPPPPPPPP KKKKK )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )                        

…………Defendants

               

MAY IT PLEASE YOU HONOUR;

The Plaintiff abovenamed begs to states as follows;

  1. That Defendant No.1 is the Court Amin (bailiff) of the District Judgeship of……………..
  2. That the defendant No.2 filed Suit No………… of…………… against Defendant No.3 in the Court of …………… at……….. for the recovery of Rs………….. on the basis of goods sold by defendant No.2 to Defendant No.3.
  3. That the said Court of………… decreed the suit of Defendant No.2 against defendant No.3 on………………. On…………. For a total sum of Rs………………. Inclusive of costs.
  4. That the defendant No.2 put his decree in execution and the Plaintiff’s House No………… at………….. in the city of……………….. as the Plaintiff now learnt was attached in those execution proceedings and was advertised for sale on…………… without any information to the Plaintiff.
  5. That on the said date……………….., for which the sale was advertised, Defendant No.1 and defendant No.2 came to the house of the Plaintiff to conduct the sale. It was then for the first time that the Plaintiff came to know of the illegal attachment of his house. To save the house from sale the Plaintiff immediately tendered to Defendant No.1 the full amount as mentioned in the proclamation of sale but defendant No.1 in collusion with Defendant No.2 wrongfully refused to accept the tender and auctioned the house at a ridiculously low price of Rs………… to………….. a close relation of Defendant No.2.
  6. That the Plaintiff moved an application under O. XXI, R. 89, C.P.C. in the execution Court, which was pleased to allow the same and set aside the sale. The Plaintiff had to deposit in the execution Court not only the purchase money but also 5 per cent of the purchase money, as required by law, to get the sale set aside.
  7. That by the wrongful act of the Defendant No.1 in collusion with Defendant No.2, the Plaintiff suffered the following loss and damage:
  8. Purchase money Rs……….
  9. 5 per cent, thereon Rs………
  • Court fee paid in proceedings under O. XXI, R. 89, C.P.C. Rs……….
  1. Lawyers fee Rs………….
  2. Other miscellaneous expenses Rs……………

Total                                     Rs…………..

  1. That the Plaintiff is entitled to recover from defendants Nos. 1 and 2 the aforesaid amount of Rs………. As damages and defendants Nos. 1 and 2 are liable to pay the same to the Plaintiff jointly and severally.
  2. That notice under Sec.80, C. P.C., was served on defendant no.1 personally on……………… and the suit is being filed after the expiry of the statutory period of the notice.
  3. That Defendant No.3 has been impleaded as a Proforma Defendant and no relief is claimed against him if he does not contest the suit.
  4. Cause of action.
  5. Valuation.
  6. The Plaintiff, therefore, claims the following reliefs:
  • A decree for Rs…………….., may kindly be passed in favour of the Plaintiff and against the Defendant.
  • Pendent lite and future interests be awarded.
  • Costs of the suit may be awarded to the Plaintiff against the defendant.
  • Any other relief that this Court may deem just and proper.

 

Plaintiff.

Advocate of the Plaintiff

V E R I F I C A T I O N

   I, …………………….., of Mumbai, Hindu, Indian Inhabitant, the Petitioner abovenamed, do hereby solemnly declare that what is stated in Paragraphs ..….. to…….. of the fore going petition is true to my own knowledge.

 

 Solemnly declared at Mumbai           )

Dated this       day of               , 20___)

  , 20                                                     )     

Plaintiff

 

Interpreted & Explained by me

 

 

Advocate for Plaintiff