WITHOUT PREJUDICE From – 1. Neha Jain d/o Sh. Atul Kumar Jain 2. Smt. Rachna Jain w/o Sh. Atul Kumar Jain s/o Sh. R. D. Jain, Advocate, Rohtak Both residing at present at 4 St. Chads Road, Blackpool, FY1 6BP, United Kingdom Date : 14.10.2014 TO 1. Sh. Anil Kumar Jain s/o Sh. R. D. Jain, Advocate 2. Smt. Renu Jain w/o Sh. Anil Kumar Jain, 3. Sh. Amit Kumar Jain s/o Sh. Anil Kumar Jain, All residents of 110/20 (New Number 828/23) DLF Colony, ROHTAK – 124 001 We, the undersigned, serve you all herewith with the following Legal Notice :- 1. That a Civil Suit No.234 of 14.03.1995 titled as Kumari Neha Jain & Others Versus Anil Kumar Jain & Others was decided by the Court of Sh. V. P. Bishnoi, HCS, Senior Sub Judge, Rohtak vide his Judgement & Decree dated 04.04.1995. 2. That this above stated Civil Suit was a suit for declaration with regard to the ownership of the residential house no. 110/20 (New Number 828/23) situated at DLF Colony, Rohtak and it is needless to state here that we both were the plaintiffs therein i.e. Kumari Neha Jain (no. 1 of us) was plaintiff no.1 and Smt. Rachna Jain (no. 2 of us) was plaintiff no. 2; while all of you were also the parties to that suit in one capacity or the other i.e. no. 1 of you was defendant no.1 and nos. 2 and 3 of you were the plaintiffs therein. Copies of this Judgement, Decree and the Site Plan which is a part and parcel of the Decree, are being attached herewith for your ready reference. 3. That as per this Judgement & Decree, mentioned above, we both i.e. Kumari Neha Jain (no.1 of us) and her mother Smt. Rachna Jain w/o Sh. Atul Jain s/o Sh. R. D. Jain, Advocate, Rohtak (no.2 of us) were declared as owner of the portion of the above stated residential house, shown in yellow colour. 4. That this portion of this residential house, shown in yellow colour, is still under your use and occupation and you have not handed over its vacant physical possession to us in spite of repeated requests from our side. Your, this use and occupation of this portion of the house is illegal, unlawful and against our lawful rights with regard to this portion of the above stated residential house i.e. house no. 110/20 (New Number 828/23) situated at DLF Colony, Rohtak. 5. That we have no hesitation in stating here that your behaviour and your attitude towards us and Sh. Atul Kumar Jain (real younger brother of no.1 of you) has been extremely hostile and belligerent for the last more than 20 years now. The bitter memories of that eventful and unfortunate day are still very much alive in our mind when we all were thrown out of this house in a most inhumane and barbarian manner with only the clothes, we were wearing at that time. We were not even allowed to see our belongings – leave alone taking them with us. It is now only a story as to how we all have struggled since then with whatever courage we had, to make our survival a possibility and a reality. Our parents i.e. Respected Sh. R. D. Jain, Advocate and Respected Smt. Anjana Jain were threatened not to interfere and those poor guys simply watched this horrible act of yours as silent spectators with tears in their eyes. To top it all, it is all the more tragic and painful that we were not even informed about their ailments and their sorry plight; while you all were well aware of my address and telephone numbers of Indore and our heart just cries for them. How painful and unfortunate it all was, is just beyond our power of expression. We all are well aware of your these mischievous and mala fide designs and your dishonest intentions and we have no hesitation in stating here that this all is an evil attempt on your part to usurp our legitimate rights with regard to properties, belonging to our parents – Respected Sh. R. D. Jain, Advocate and Respected Smt. Anjana Jain. Please note that our this LEGAL NOTICE is without prejudice to our legal rights towards these properties. We now, therefore, call upon all of you, through our this Legal Notice, to hand over the vacant physical possession of the portion shown in yellow colour in the site plan of the residential house, to us within one month of the receipt of our this Legal Notice failing which we shall be constrained to initiate legal proceedings against all of you in this regard – i. to get vacant physical possession of this portion of the house; and ii. to claim mesne profits @ Rs.25,000.00 per month for unlawful use and occupation of this portion of the house since 04.04.1995 i.e. from the date of the above stated Judgement and Decree of the Civil Court up till the date when the vacant physical possession of this portion of the house will actually and effectively be handed over to us. Please further note that in the eventuality of these litigations, stated above, you and you alone would be wholly and fully responsible not only for all the costs and expenses to be incurred thereupon but also for all the consequences, arising therefrom. We would also like to tell you here that we have appointed Sh. Kul Bhushan Jain, Advocate, Anaj Mandi, Rohtak as our Power of Attorney to accept this handing over of possession of this portion of the residential house from you at any time. He has already been intimated in this regard and a copy of this Legal Notice has also already been sent to him for taking appropriate action in the matter. 1. Neha Jain 2. Rachna Jain Cc to Sh. Kul Bhushan Jain, Advocate, Anaj Mandi, Rohtak
Posted on: Sat, 18 Oct 2014 11:35:52 +0000
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