DRAFTING PROBLEM-1

Mr. Rajesh, S/o. Rajender, R/o Greenhills Colony, Dilsukhnagar, Hyderabad, wanted to
fulfil his dream of constructing his villa on a plot no. 35 admeasuring 500 Sq. Yards
situated in Survey number 123/A of Shameerpet Village and Mandal, Medchal
Malkajgiri District which he had bought in the year 14.02.1996 from one Mrs. Preeti,
W/o. Mr. Arjun Reddy by way of registered sale deed vide Document No. 45 of 1996
registered at Sub Registrar Office. Shameerpet, R.R. District.
But, due to certain financial constraints, he did not undertake any construction
activity in the said plot. Thus, the plot remained vacant. After few years, he planned
to construct a duplex villa in his plot. As such, he visited his plot on 15.02.2022 and he
had a board installed in his plot stating that the land belongs to him and that the
trespassers will be prosecuted. However due to certain contingencies he was not able
to start the construction activity immediately.
On 16.10.2022 when he visited his plot with the engineer and architect for
preparation of an estimate, he was shocked to find that his name board was removed
from the plot and some miscreant had installed another name board showing that the
plot belongs to one Mr. Akbar bin Tabar, S/o. Tabar bin Osman, R/o. 1-6-99, Aghapura,
Nampally, Hyderabad and that the trespassers will be prosecuted. Subsequently, the
said Mr. Akbar had also installed fencing around the said plot.
Upon seeing this. Mr. Rajesh called Mr. Akbar on the phone number given on the
name board and stated that he himself is the actual owner of the property and that
Mr. Akbar is trespassing on his private property. However. Mr. Akbar refuted the
allegations and stated that he has lawfully purchased the said plot No. 35
admeasuring 500 Sq Yards situated in Survey number 123/A of Shameerpet Village
and Mandal, Medchal Malkajgiri District which he had bought with his hard-earned
money in the year 19.06.1996 from one Mrs Preeti, W/o Mr. Arjun Reddy by way of
registered sale deed vide Document No. 167 of 1996 registered at Sub Registrar
Office. Shameerpet, R.R. District, Further, he replied that any attempts made by Mr.
Rajesh in relation to the subject property will be dealt as per law.
Mr. Rajesh through his legal counsel Mrs. Rachana had issued legal notice Dt
30.10.2022 to Mr. Akbar asking him to vacate the plot and handover the vacant
possession of the same to Mr.Rajesh. Consequently, Mr. Akbar had issued reply notice
Dt:11.11.2022 through his legal counsel Mr. Sukesh Salve refuting the allegations
As the matter stood thus. Mr. Akbar had approached the court of Hon'ble Principal
District & Sessions Judge, Medchal -Malkajgiri District at Malkajgiri by instituting a suit
for grant of perpetual injunction against Mr. Rajesh and the same got numbered as OS
No. 1044 of 2022
Based on the above set of facts do the following exercises:
1. Draft a Legal Notice on behalf of Mr. Rajesh (You are Mrs Rachana, Advocate).
2. Draft a Reply to Legal Notice on behalf of Mr. Akbar (You are Mr. Sukesh Salve,
Advocate).
3. Draft the Plaint in a suit for perpetual injunction filed by Mr. Akbar against Mr. Rajesh,
4. Draft an interlocutory application for the grant of temporary injunction filed by Mr.
Akbar against Mr. Rajesh.
5. Draft a Memo filing proof of service of notice of interlocutory application on Mr. Rajesh.
6. 6. Draft a Written Statement along with counter claim filed by Mr. Rajesh in the said
suit.
1. LEGAL NOTICE:

From: Flat No.101 AIB Apts

Mrs. Rachana St.No.7 East Maredpally
Advocate. Secunderabad – 26
Dt: 30-10-2022

Registered Post with Acknowledgement Due

To
Mr. Akbar Bin Tabar
S/o Tabar Bin Osman
R/o H.No. 1-6-99 – Agapura
Nampally, Hyderabad

NOTICE

Under the instructions of my client Mr. Rajesh, S/o. Rajender, R/o Greenhills Colony,
Dilsukhnagar, Hyderabad - 35 I hereby give you Notice; I am Authorized to issue you
this legal notice hereunder.

1. That my client states that he is the absolute owner of the plot No. 35
admeasuring 500 square yards situated in survey no. 123/A Shameerpet village,
Medchal Malkajgiri district having purchased the same from it the previous
owner Mrs. Preethi W/o Arjun Reddy by a registered sale deed vide document
no. 45 of 1996 registered at the Sub-registrar office Shameerpet RR District on
dated 14-02-1996.

2. My client states that on 15-2-2022 he visited the said property and installed a
board displaying his name and details.

3. But again on 16-10-2022 when my client paid a visit to his property, he found
that his installed board was removed from the place where it was installed and
he found that you have illegally installed your name board and fencing around
the said plot.
 4. It is to inform you that my client Mr. Rajesh is the actual and real owner of the
said plot no. 35 and he got the total rights to exercise over his property under
such you are hereby directed to remove the name board and fence from my
client's property within 3 days and stop claiming that you are the owner which is
not true and totally
illegal in nature and is an malafide act.

5. With regard to the above said property my client Mr. Rajesh has total right to
protect his interests and my client reserves his right to sue you for your illegal
acts and initiate criminal and civil proceedings for your illegal acts against you
and for such consequences of which you will be held liable for yourself.

Therefore, in view of above you are hereby called upon to remove the
illegal name board and fence within three days and stop making any such claim
over the property further you are directed to remit 20,000 towards the cost of
this Legal Notice.

Mrs. Rachana
Advocate
2. Reply to LEGAL NOTICE:

From:
Mr. Sukesh Salve Flat No.2 BCI Apts
Advocate St.No.7 West Maredpally
Secunderabad – 26
Dt:31-10-22

Registered Post with Acknowledgement Due

To
Mrs. Rachana Advocate
Flat No.101 AIB Apts
St.No.7 East Maredpally
Secunderabad – 26

REPLY TO LEGAL NOTICE

Dear Madam/Sir
Under the instructions of my client Mr. Akbar Bin Tabar S/o Tabar Bin Osman R/o 1-6-
99 – Agapura, Nampally, Hyderabad I hereby issue reply to your Legal Notice at 30-
10-22.

1. We bring to your attention that my client is the absolute owner and possessor
of plot no. 35 the said property is purchased from its previous lawful Owner Mrs.
Preethi W/o Arjun Reddy by way of registered sale deed in the year 1996.
 2. In reply to your notice para1 it is falsely stated that your client is in the
possession of the above said property and he erected the board is false too,
whereas my client states that he is the lawful Owner of the property he supports
his claim with documents which authenticates his transaction of purchase of the
property.

3. My client further states that he is in possession of the land since 1996. The year
he purchased the said property from its lawful previous Owner, holding
possession of the property which a person bought legally is his/her right and
such interest is protected by the law hence it doesn't Constitute any offence.

4. Your client has not stated the true facts to your good office as it is to state that
My client Mr. Akbar Bin Tabar is the lawful owner of the said property he got
enough documents to authenticate his claim over the property and he is in the
possession of property since 1996 which is nearly 2 ½ decades and is a quite
long time. The above said facts are quite contrary to all the allegations Levied
against my client.

5. Therefore you are hereby called upon to withdraw the Legal Notice issued to my
client, failing which my client will be constrained to seek appropriate Legal
Remedies against your client for unwarranted interference in his property.

Sukesh Salve
Advocate
3. PLAINT:
IN THE COURT OF THE HON’BLE PRINCIPAL DISTRICT
& SESSIONS JUDGE, MEDCHAL MALAKJGIRI DISTRICT
AT: MALKAJGIRI

OS No.1044 of 2022
Between:
Mr. Akbar Bin Tabar
S/o Tabar Bin Osman
R/o H.No. 1-6-99 – Agapura
Nampally, Hyderabad ...Plaintiff
AND
Mr. Rajesh,
S/o. Rajender,
R/o Greenhills Colony,
Dilsukhnagar,
Hyderabad - 35 …Defendant

PLAINT FILED UNDER SEC 37 OF THE SPECIFIC RELIEF ACT 1963 R/W SECTION
26, ORDER VII RULE I & 2 OF THE CODE OF CIVIL PROCEDURE 1908.
SUIT FOR PERPETUAL INJUNCTION
I. DESCRIPTION OF THE PLAINTIFF:

The name and address of the plaintiff for the purpose of Service of all
notices, summons, process etc is that Mr. Akbar Bin Tabar S/o Tabar Bin Osman R/o
H.No. 1-6-99 Agapura Nampally,Hyderabad And that of his counsel Mr. Sukesh Salve
Advocate Flat No.2. BCI Apts St.No.7 West Maredpally Secunderabad - 26.

II. DESCRIPTION OF THE DEFENDANT

The address of the defendant for the purpose of Service of notices, summons,
processes etc. is same as that which is mentioned in the above cause title.

III.THE PLAINTIFF HUMBLY SUBMITS IS FOLLOW

1. The plaintiff Submits that he is the absolute Owner and peaceful possession of
the plot 35 admeasuring 500 sq.yrds Situated in Survery No: 123/A of
Shameerpet village and mandal Medchal Malkajgiri District which has been
purchased from Mrs. Preethi W/o Mr. Arjun Reddy by way of the "Registered Sale
deed vide Doc No. 167 of 1996 registered at Sub-Registrar office Shameerpet.
R-R District on 19-06-1996.

2. The plaintiff Submits that he is in the possession of the Said property since he
has purchased it and the plaintiff has also erected a board of his name and also
stated that the trespassers will be prosecuted. The plaintiff submits that
subsequently, he had also installed fencing around the said plot.

3. The plaintiff Submits that the defendant called that he himself is the actual
owner of the property and that the Plaintiff is trespassing on his private property
however; the plaintiff refused the allegations also stated that he is the absolute
owner and peaceful possessor of The Said property which he had brought with
his hard-earned money. The plaintiff submits that he further replied on all that
any attempts made by defendant in relation to the subject property will be dealt
as per law.

4. The plaintiff submits despite denying the allegation made by defendant on

phone call, the defendant issued a Legal Notice dated 30-10-2022 to the
plaintiff. Through his Counsel Mrs. Rachana to which the plaintiff issued a reply
on date 11-11-22.
 5. The plaintiff submits that the defendant is trying to interfere in peaceful
possession of the said property which belongs to the plaintiff, therefore the
plaintiff is entitled to seek perpetual injunction.

6. Having no other alternative, except to approach this Hon’ble Court to seek

appropriate remedy, the plaintiff herein approached this court by way of filing
the present suit, hence this suit.

7. That the plaintiff is filing the present suit for the first time and no other is suit is
pending in any court of law regarding the same subject matter between the
parties.

IV. CAUSE OF ACTION

The cause of action for filing the Suit Arose on 30-10-2022 ie on the date of issuance
of Legal Notice by defendant and the same is continuing till date.

V. JURISDICTION

That the Cause of action arose in respect of immovable property situated at

Shameerpet and the value of suit Is above 50,00,000 as such this Hon’ble Court has
got territorial jurisdiction to entertain the present suit.

VI. LIMITATION

In this case the plaintiff was issued notice on 13-10-2022. Therefore, this suit for grant
of perpetual injunction is not barred by Limitation.

VII. COURT FEE AND VALUATION

That the value of the suit for granting of perpetual injunction. The said plot value is
70,00,000 and required court fee is Rs.______________ U/S 20 of the Telangana count
fee and suit valuations Act 1956, which is paid herewith.

VIII. PRAYER

That the plaintiff, therefore, prays

a) That the suit be decreed in favour of the plaintiff and accordingly to pass perpetual
injunction against defendant.
b) That the plaintiff be allowed cost of the suit and

c) To grant any other relief, which the Hon’ble Court deems fit, may please be granted
to the plaintiff in the interest of Justice.

PLACE: HYDERABAD

DATE : COUNSEL FOR PLAINTIFF

SCHEDULE OF THE PROPERTY

All that the plot No. 35 admeasuring 500 Sq yards situated in survey no. 123/A of
Shameerpet village and Mandal, Medchal, Malkajgiri District and boundaries as
follows.

NORTH : Plot No:34

SOUTH : Plot No:36.

EAST : Lane.

WEST : Plot No:42

VERIFICATION

I, Akbar Bin Tabar, the above named plaintiff, do Solemnly declare that whatever has
been stated of in para 1 to 7 of the plaint are true to the knowledge of the plaintiff.

Verified at Hyderabad. on this day of 2022.

 LIST OF DOCUMENTS

S.No. Description Annexure

1. Legal Notice dated 30-10-2022 1
2. Reply Legal Notice dated 11-11-2022 2
3. Attested true copy of sale deed and 3
registration certificate

IN THE COURT OF THE HON’BLE

PRINCIPAL DISTRICT & SESSIONS
JUDGE, MEDCHAL MALKAJGIRI DISTRICT
AT: MALKAJGIRI

OS No.1044 of 2022

Between:
Mr. Akbar Bin Tabar
...Plaintiff
AND
Mr.Rajesh …Defendant
 PLAINT FILED UNDER SEC 26 ORDER VII
RULE 1 & 2 OF CPC

Filed on

Filed By
Sukesh Salve
Advocate & Associates
Counsel for Plaintiff

Address:
Flat No.2, BCI Apts St.No.7
West Maredpally, Secunderabad

4.IA for Injunction

IN THE COURT OF THE HON’BLE PRINCIPAL DISTRICT

& SESSIONS JUDGE, MEDCHAL MALKAJGIRI DISTRICT
AT: MALKAJGIRI

IA No. of 2022
IN
OS No.1044 of 2022
Between:
Mr. Akbar Bin Tabar ...Plaintiff
AND
Mr. Rajesh …Defendant
 AFFIDAVIT

I Akbar Bin Tabar S/o Tabar Bin Osman R/o H.No. 1-6-99 Agapura
Nampally,Hyderabad do hereby Solemnly affirm and sincerely state on oath as
follows:
1. That I am the plaintiff herein and as such I am well acquainted with the facts of the
Case
2 I Submit that I filed the above suit against the respondent / Defendant for perpetual
injunction in favour of me and against the Respondent / Defendant restraining him
from interfering with my peaceful possession and enjoyment of rights of the schedule
property. I pray this Hon’ble Court to read the contents of the plaint are part and
parcel of this affidavit.
3. I Submit that I am the absolute Owner and peaceful possession of the plot 35
admeasuring 500 sq.yrds Situated in Survery No: 123/A of Shameerpet village and
mandal Medchal Malkajgiri District which has been purchased from Mrs. Preethi W/o
Mr. Arjun Reddy by way of the "Registered Sale deed vide Doc No. 167 of 1996
registered at Sub-Registrar office Shameerpet. R-R District on 19-06-1996.

4. I Submit that Iam in the possession of the Suit Schedule property since I have
purchased it and I have also erected a name board of my name/details and installed
fence around it.

5.I Submit that Respondent/defendant is trying to interfere in my peaceful possession

of the suit schedule property. If the ad-interim injunction is not granted in my favour I
will be put to irreparable loss and great hardship and which cannot be compensated
by any means as such I am having no other alternative except to approach this
Hon’ble Court by way of this Petition.
Therefore it is prayed that this Hon’ble Court may be pleased to grant ad-
interim injunction against the Respondent/Defendant till the disposal of the suit
in the interest of justice.

SWORN AND SIGNED BEFORE ME

ON THIS THE DAY OF DEC’22
AT MEDCHAL IDENTIFIED BY
Sri.Sukesh Salve Advocate Deponent

//Advocate/Malkajgiri//
 IN THE COURT OF THE HON’BLE PRINCIPAL DISTRICT
& SESSIONS JUDGE, MEDCHAL MALKAJGIRI DISTRICT
AT: MEDCHAL MALKAJGIRI

IA No. of 2022
IN
OS No.1044 of 2022
Between:
Mr. Akbar Bin Tabar ...Plaintiff
AND
Mr. Rajesh …Defendant

PETITION FILED UNDER ORDER XXXIX RULE 1 &2 R/W SECTION 151 OF CODE
OF CIVIL PROCEDURE
It is to be humbly Submitted that for the reasons stated in the accompanying affidavit,
it is prayed that this Hon'ble Court may be pleased grant ad-interim injunction
restraining the Respondent/ Defendant to interfere with the peaceful possession and
enjoyment of rights of the Suit Schedule property and to the petition till the disposal
of the Suit in the interest of Justice.

SCHEDULE OF THE PROPERTY

All that the plot No. 35 admeasuring 500 Sq yards situated in survey no. 123/A of
Shameerpet village and Mandal, Medchal, Malkajgiri District and bounded by
NORTH : Plot No:34
SOUTH : Plot No:36.
EAST : Lane.
WEST : Plot No:42

Place: Malkajgiri
Date: Counsel for Petitioner

IN THE COURT OF THE HON’BLE

PRINCIPAL DISTRICT & SESSIONS
JUDGE, MEDCHAL MALKAJGIRI DISTRICT
AT: MALKAJGIRI

IA No. of 2022
IN
OS No.1044 of 2022

Between:
Mr. Akbar Bin Tabar
...Plaintiff
AND
Mr.Rajesh …Defendant
 PETITION FILED UNDER ORDER
XXXIX, RULE 1 & 2 OF C.P.C R/W
SEC 151

Filed on

Filed By
Sukesh Salve
Advocate & Associates
Counsel for Petitioner/Plaintiff

Office Address:
Flat No.2 BCI Apts, St.No.7
West Maredpally, Secunderabad

No.5 Memo

IN THE COURT OF THE HON’BLE PRINCIPAL DISTRICT

& SESSIONS JUDGE , MEDCHAL MALKAJGIRI DISTRICT
AT: MALKAJGIRI

IA No. of 2022
IN
OS No.1044 of 2022
Between:
Mr. Akbar Bin Tabar ...Plaintiff
AND
Mr. Rajesh …Defendant

MEMO

Hon’ble Mam
It is submitted that in the above case as per the orders of this Hob’ble court the
petitioner / plaintiff herein has sent notice of interlocutory application to the
Respondent / Defendant and the same was Served on the Respondent / Defendant
and the Same is filed here with as proof of Service,

Hence this memo.

Date:
Place: Counsel for plaintiff

IN THE COURT OF THE HON’BLE

PRINCIPAL DISTRICT & SESSIONS
JUDGE, MEDCHAL MALKAJGIRI DISTRICT
AT: MALKAJGIRI

IA No. of 2022
IN
OS No.1044 of 2022

Between:
Mr. Akbar Bin Tabar
...Plaintiff
 AND
Mr.Rajesh …Defendant

MEMO

Filed on

Filed By
Sukesh Salve
Advocate & Associates
Counsel for Petitioner/Plaintiff

Office Address:
Flat No.2 BCI Apts, St.No.7
West Maredpally, Secunderabad

EXERCISE NO:6

IN THE COURT OF THE HON’BLE PRINCIPAL DISTRICT

& SESSIONS JUDGE , MEDCHAL MALKAJGIRI DISTRICT
AT: MALKAJGIRI

OS No.1044 of 2022
Between:
Mr. Akbar Bin Tabar
S/o Tabar Bin Osman
R/o H.No. 1-6-99 – Agapura
Nampally, Hyderabad ...Plaintiff
AND
Mr. Rajesh,
S/o. Rajender,
R/o Greenhills Colony,
Dilsukhnagar,
Hyderabad - 35 …Defendant

WRITTEN STATEMENT FILED UNDER ORDER VIII RULE1 & 2 OF THE CIVIL
PROCEDURE CODE -1908

THE DEFENDANT HUMBLY SUBMITS AS FOLLOWS!

1 The Defendant Submits that the allegations made in the plaint are all false and
incorrect, except those are specifically admitted hereunder. The plaintiff is put to
strict proof of the Same.
2. It is Submitted at the Outset that the instant suit is devoid of merits and is liable to
be dismissed in limini with costs.
3. That the Contents of para 1of the plaint are absolute incorrect and are denied. It is
specifically denied that the plaintiff is the absolute Owner of the suit Schedule
property and as a matter of fact the defendant is the absolute and rightful Owner of
the Suit Schedule property.
4. That the Contents of para 2 of the plaint are absolutely incorrect and are denied. It
is Submit that the defendant has purchased the above said, property and was also in
possession of the property and also Installed a board on the said plot but the plaintiff
has illegally removed it and is raising false claims.
5. In reply to para 3 of the plaint it is submitted that the defendant did call the plaintiff
and claimed that he is the absolute Owner of the Suit Schedule property The
Contentions about the ownership if the Suit Schedule Property are false mentioned in
the para3. Since the Defendant is the absolute Owner of the above said property. It is
false and baseless to allege that the defendant has committed the offence of
Trespass.
6. It is submitted that since the Plaintiff has unlawfully removed the name board and
have wrongfully installed name board stating that the plot belongs to him, Defendant
has issued legal notice dated:30-10-22 to which plaintiff had issued a reply Legal
Notice dated 11-11-22 and filed the Original Suit Vide OS No.1044 of 2022.
7.It submitted the Contentions made in Para 5 are false therefore it is Submitted that
the defendant is the rightful owner of the Snit Schedule property and any activity by
him on the land would give no right to the plaintiff to take any legal action.
8. The plaint is therefore liable to be dismissed and award necessary costs to the
defendant.

Place Malkajgiri
Date: DEFENDANT

VERIFICATION

I Mr. Rajesh, S/o. Rajender, R/o Greenhills Colony, Dilsukhnagar, Hyderabad -35
Telangana do hereby declare that the aforementioned contents and averments are
true to the best of my Knowledge information and belief, hence verified and signed on
this fourteenth day of December 2022 at Hyderabad.

Date: 14/12/2022
Place: Malkajgiri DEFENDANT

LIST OF DOCUMENTS

S.No. Description Annexure

1. Legal Notice issued by Defendant 1
dated 30-10-2022
2. Reply Legal Notice issued by Plaintiff 2
dated 11-11-2022
3. Attested true copy of sale deed and 3
registration certificate

IN THE COURT OF THE HON’BLE

PRINCIPAL DISTRICT & SESSIONS
JUDGE, MEDCHAL MALKAJGIRI DISTRICT
AT: MALKAJGIRI

OS No.1044 of 2022
 Between:
Mr. Akbar Bin Tabar
...Plaintiff
AND
Mr.Rajesh …Defendant

WRITTEN STATEMENT FILED ON

BEHALF OF DEFENDANT

Filed on

Filed by
Smt.Rachana
Advocate
Counsel for Defendant

Office Address:
Flat No.1 AIB Apts, St.No.7 East
Maredpally Secunderabad-26

No.6 COUNTER CLAIM

IN THE COURT OF THE HON’BLE PRINCIPAL DISTRICT

& SESSIONS JUDGE, MEDCHAL MALKAJGIRI DISTRICT
AT: MALKAJGIRI
 OS No.1044 of 2022
Between:
Mr. Rajesh,
S/o. Rajender,
R/o Greenhills Colony,
Dilsukhnagar,
Hyderabad - 35 ….Plaintiff
AND
Mr. Akbar Bin Tabar
S/o Tabar Bin Osman
R/o H.No. 1-6-99 Agapura
Nampally, Hyderabad …Defendant

COUNTER CLAIM FILED UNDER ORDER VIII RULE 6(A)OF THE CIVIL
PROCEDURE CODE -1908

I. DESCRIPTION OF THE PLAINTIFF:

The name and address of the plaintiff for the purpose of Service of all
notices, summons, process etc is same as that which is mentioned in the above cause
title.

II. DESCRIPTION OF THE DEFENDANT

The address of the defendant for the purpose of service of notice, summons,
processes etc is same as that which is mentioned in the above cause title.

III. THE PLAINTIFF SUBMITS THE FACTS OF THE CASE AS HERE UNDER!

1. It is Submitted that the plaintiff during his service as a management executive

in a private company had purchased a land bearing Plot no 35 admeasuring 500
Sq.yards situated in Survey no 123/A of shameerpet village and mandal Medchal
Malkajgiri district through from one Mrs. preeti W/o Arjun Reddy by way of
 registered Sale Deed vide document No. 45 of 1996 at Sub registrar office
Shameerpet R.R District.

2. It is submitted that the plaintiff has purchased the above said property during
his employment but due to Some financial constraints he did not Construct the
house on the Said plot and the Said plot remained vacant till his retirement.

3. The plaintiff Submits that after his retirement, he planned to construct the
house and cleared the overgrown vegetation and also installed a board with his
name written on it.

4. That the Plaintiff submits that the plaintiff visited the plot along with engineer &
Architect for the Preparation of an estimate cost for Construction he further
Submit that when he visited the plot, he noticed that his installed board was
removed from the sight and another board was installed with the name &
details of the defendant & also fencing was installed by the Defendant.

5. The plaintiff further Submit that upon seeing this he has made a phone call to
the defendant and stated that he himself is the actual owner of the property and
also that the defendant is trespassing on it but the defendant refused the Same.

6. The plaintiff Submits that the plaintiff then Issued a legal notice dated 30-10-
2022 to the defendant to which the defendant issued a reply on dated 11 11-
2022 through his Counsel Mr.Sukesh Salve.

7. The plaintiff further Submits that despite the phone call made and Legal Notice
dated 30-10-22 issued by him to the Defendant to vacate the Land, the
Defendant refused to do so. The Plaintiff further submits that he wants to
construct a house on the Suit Schedule Property which he has brought with his
hard earned money and any orders to the contrary would render grave injustice
to the Plaint

IV CAUSE OF ACTION
The Cause of action initially arose on 14-02-1996 and further on 30-10-2022.

V JURISDICTION.
This Hon’ble Court of principal district and Sessions Judge Medchal Malkajgirt district,
Malkajgiri has territorial, Pecuniary & subject matter and Original Jurisdiction in the
instant case and the Plaintiff hereby humbly Accepts the Same.
VI LIMITATION
The plaintiff issued a legal notice on 30-10-2022 and therefore the present case is not
barrel by the Limitation.

VII COURY FEE

The Suit is filed by the Plaintiff for perpetual Injunction against the defendant. The suit
value is Rs. 70,00,000 on which the Court fee of Rs………….. u/s 20 of the Telangana
Court fee and suit valuation Act, 1956 is herewith paid.

VIII PRAYER
Hence it is prayed that this Hon’ble court may be pleased to pass a decree and
judgement in favour of the plaintiff/defendant and against the defendant plaintiff as
under.
a) To decree the plaintiff / defendant are the title holder of the suit Schedule property
and grant perpetual Injunction against the Defendant/ plaintiff and thereby declare
the sale deed of Defendant/Plaintiff as null and void.
b) To award costs of the suit
c) To pass such other order or orders as this Hon’ble Court may deem fit in the facts
and circumstances of the present case and in the Interest of justice.

Date:
Place: Plaintiff/Defendant

SCHEDULE OF THE PROPERTY

All that the plot No. 35 admeasuring 500 Sq yards situated in survey no. 123/A of
Shameerpet village and Mandal, Medchal, Malkajgiri District and bounded by
NORTH : Plot No:34
SOUTH : Plot No:36.
EAST : Lane.
WEST : Plot No:42

VERIFICATION
I Mr. Rajesh, S/o. Rajender,R/o Greenhills Colony, Dilsukhnagar, Hyderabad -35
Telangana do hereby declare that the aforementioned contents and averments are
true to the best of my Knowledge information and belief, hence verified and signed on
this fourteenth day of December 2022 at Hyderabad.

Date: 14/12/2022
Place: Malkajgiri Plaintiff

LIST OF DOCUMENTS

S.No. Description Annexure

1. Legal Notice issued dated 30-10-2022 1
2. Reply Legal Notice dated 11-11-2022 2
3. Attested true copy of sale deed and 3
registration certificate

IN THE COURT OF THE HON’BLE

PRINCIPAL DISTRICT & SESSIONS
JUDGE, MEDCHAL MALKAJGIRI DISTRICT
 AT: MALKAJGIRI

OS No.1044 of 2022

Between:
Mr. Rajesh
...Plaintiff

AND

Mr.Akbar bin Tabar

…Defendant

COUNTER CLAIM FILED UNDER ORDER VIII

RULE (6A) OF THE CIVIL PROCEDURE
CODE,1908

Filed on:

Filed By:
Smt.Rachana
Advocate & Associates
Office Address:
Flat No.1 AIB Apts, St.No.7
East Maredpally Secunderabad