Application for Appointment of a Receiver (India) by OLL
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Application for appointment of a Receiver
(in a partition suit)
(Under Or. 40, r. 1 of the Code of Civil Procedure).
In the Court of the Asst.
District Judge............
Title Suit No.............of 20…
A.B. ............ ............ ............ Plaintiff.
Versus
C.D. and 10 others ............ ............ Defendants.
Petition under Or. 40, r. 1 of C.P. Code
The above-named plaintiff states as follows:
1. That the plaintiff is the owner of .66 acres of land (vide Schedule “C” of the plaint) by purchase by a registered Kobala from Defendant No. 2, a co-sharer of the holding.
2. That the said land in Schedule C is separated from the rest of the holding by clear and defined boundaries and is so mentioned in the plaintiff-petitioner’s title deed.
3. That the plaintiff has been in possession thereof. All the defendants excepting Defendants No. 5 to 8 have submitted a joint written statement confirming plaintiffs possession over the “C” Schedule land.
4. That Defendants No. 5 to 7 are denying the plaintiff’s possession. The plaintiff has sought for relief of partition in the above suit.
5. That for undue interference by Defendants No. 5 to 7, the plaintiff apprehends breach of peace and molestation if cultivation by the plaintiff is resorted to. On the contrary, the plaintiff would lose crops if the land is not cultivated and tilled immediately.
6. That in the circumstances of the case, a Receiver should be appointed for bringing the land in Schedule C under cultivation and to reap and harvest the future crop under the court’s orders, even if the said Defendants No. 5 to 7 claim falsely possession over the land in Schedule C.
Affidavit
I, A.B. ............aged............years, son of late............by caste Hindu, by occupation – agriculturist, residing at village ............................ P.S. ............ Dist. ...........
.solemnly declare and affirm as follows :
(a) That I am the plaintiff of the above numbered title suit. I know facts of the case and I am competent to swear this affidavit. This is true to my knowledge.
(b) That the contents in paras 1 to 6 herein above are true to my knowledge.
Declared by Sri A.B., before the Commissioner of Affidavits.
Declarant is identified by me:
This template is used to apply for the appointment of a receiver in a partition suit involving land disputes. It helps a plaintiff request court-appointed management of property to ensure cultivation and harvesting of crops when there is a risk of interference or breach of peace from other parties.
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About this template
What is this template?
This is a formal court application and supporting affidavit for the appointment of a Receiver under Order 40, Rule 1 of the Code of Civil Procedure. It is not a property transfer deed or a final judgment, but a procedural filing to preserve agricultural assets during litigation.
When should you use it?
Use this when a party to a partition suit fears that interference from other parties will result in waste or damage to land. Use a 'Petition for Injunction' instead if the primary goal is simply to stop an act rather than have a neutral third party manage the land.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Plaintiff Statement of Ownership | The Plaintiff asserts ownership of 0.66 acres of land identified in Schedule C by way of a registered Kobala from Defendant No. 2. |
| 2 | Description of Land | Specifies that the Schedule C land is separated from the rest of the holding by clear and defined boundaries. |
| 5 | Allegation of Interference | Claims that Defendants No. 5 to 7 are causing undue interference, leading to an apprehension of breach of peace during cultivation. |
| 6 | Request for Receiver | Petitions the court to appoint a Receiver to cultivate, reap, and harvest crops on the Schedule C land under court orders. |
| Affidavit | Verification Affidavit | Contains a solemn declaration by the Plaintiff affirming that the facts stated in paragraphs 1 to 6 are true. |
Who it's for
- a plaintiff in an Indian partition suit whose possession of agricultural land is being interfered with by co-defendants
- a legal practitioner filing an interlocutory application under the Code of Civil Procedure to protect disputed assets
How long it runs and how it's signed
Law it's drafted under
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