Sample : Affidavit in Suit for Declaration

Points of Consideration:-

1. Proper Court fee shall be pasted on this affidavit.
2. Do not copy and paste same as following.

  

IN THE COURT OF CIVIL JUDGE, _____________.

___________ Versus _________

SUIT FOR DECLARATION.

Affidavit 

I __________ son of Shri ________ R/o ___________ do hereby solemnly affirm and declare as under :-

1- That the defendant is recorded as owner of the following agricultural lands:-

(a) to extent of _____ share of the agricultural land bearing _____________, total measuring ______. 

(b) to the extent of __________ share of the agricultural land bearing _____________, total measuring ____, 

(c) to the extent of ____ share of agricultural land bearing ______, total measuring ____ 

(d) to the extent of ____ share of agricultural land bearing _______, total measuring ______, all the lands are situated within the revenue estate of ___________. The certified copy of the _____ for the year ____ is enclosed herewith the palint. 

2- That the defendant is the ____ of the deponent and the parties to the suit constitute a ____. 

3- That on ____ a family settlement took place between the deponent and the defendant vide which the defendant gave her respective shares of the suit property, mentioned in Paras No.1 (a) to 1(d) of the plaint, in favour of the deponent and since then the deponent is in actual and physical possession of the suit property mentioned in Para No.1(a) to (d) of the plaint. However, the name of the defendant still exists in the revenue records which is wrong and is not binding upon the rights, title and interest of the plaintiff. 

4- That now the defendant with a malafide intention is not admitting the family settlement and she is also not admitting the claim of the deponent in respect of suit property and by getting recorded her name in the revenue records she is still declaring herself as owner of the suit property for which the defendant has got no right, title and interest to do so.

5- That the deponent asked the defendant several times to admit the claim of the deponent and to get the revenue entries corrected/incorporated in the name of the plaintiff. First of all the defendant was avoiding the requests of the plaintiffs on one pretext or the other and finally on _____ refused to accept the legitimate requests of the plaintiff. 

6- That the cause of action to file the present suit firstly accrued on _______ when the family settlement took place between the deponent and the defendant. It further arose on each and every date when the deponent asked the defendant to admit the claim of the plaintiff. The cause of action finally ____ when the defendant finally refused to accept the claim of the plaintiff. This is the date when the final cause of action has arisen in favour of the deponent and against the defendant, which necessitated the institution of the present suit. 

DEPONENT

VERIFICATION:

Verified that the contents of my above affidavit are true and correct to best of my knowledge and belief and nothing has been concealed therein.

Verified at ______ on _________

DEPONENT