Ankush leased out his plot no. 111 in village Pilakhua, to Dinesh for three years from 1 st June, 2012 for carrying out only nursery business therefrom. The plot has several Sheesham trees. A lease deed was signed by bot

In the Court of Civil Judge at ............ Original suit no. ...........of ........... Ankush s/o ............ aged ............ r/o ............ Plaintiff Versus Dinesh s/o ............ aged ............ r/o ............ Defendant The above named plaintiff states as follows: The plaintiff let plot no. 111 in village ............ to the defendant by a deed of lease, dated 01st June, 2012 for the purpose of a nursery for 3 years and the defendant agreed by the said deed of lease not to use the land for any other purpose. The defendant has since 01st October, 2014 commenced to dig earth from the said plot for the purpose of his adjoining brick kiln. The removal of earth from the land would make it unfit for cultivation for several years and would even otherwise reduce its quality and value and compensation in money would not afford adequate relief to the plaintiff. The defendant threatens and intends unless restrained from so doing to continue to dig earth from the said plot. That the said land is within the jurisdiction of this Hon'ble court hence this court has each and every jurisdiction to try and entertain this suit. That the value of the suit for the purposes of jurisdiction has been fixed for ₹............and for the purposes of declaration and correct and authorized court fee stamp of ₹............has been affixed on the plaint. That no suit has been instituted against the defendants on the same or similar cause of action in any other court. It is, therefore, most respectfully prayed that a decree for Injunction restraining the defendant from digging the land over the suit plot comprising in Khata Khatauni No. ............ Khasara No. ............ measuring ............ Biswas situated in ............ which is against the Municipal Corporation Act and Bye-Laws and Town & Country Planning Act and Rules and also directing the defendant to remove illegal and unauthorized construction over the suit land owned and possessed by the plaintiff and also directing the defendants with costs of the suit. Such other reliefs as deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the plaintiff and against the defendants in the interest of justice. AND FOR THIS ACT OF KINDNESS, THE HUMBLE PLAINTIFF AS IN DUTY BOUND SHALL EVER PRAY. The Plaintiff claims a perpetual injunction restraining the defendant his servants or agents from digging earth from any portion of the said plot no. 111 and claims damages with interest and cost in the suit. Place............ Date............ Plaintiff Through (Advocate) Verification I Ankush, plaintiff in above suit do nearby solemnly verified that the contents of above plaints in Para 1 to 5 are true to my knowledge and belief. Nothing material has been concealed. Verified at Pilakhua this the............ Plaintiff