BEFORE THE DISTRICT JUDGE,
_________________
___________________
C. S. NO. _________ OF 20__
IN THE MATTER OF :
___________________ ….PLAINTIFF
VERSUS
___________________ ….DEFENDANT
INDEX
|
S.No. |
Particulars |
Page No. |
|
1. |
Memo of Parties |
|
|
2. |
Suit for Eviction, recovery of arrears of rent, mesne
profits and damages. |
|
|
4. |
List of Documents alongwith documents |
|
|
5. |
Vakalatnama |
|
FILED BY
PLACE
DATE: ____
Advocate
BEFORE THE DISTRICT JUDGE, _________________
___________________
C. S. NO. _________ OF 20__
IN THE MATTER OF :
___________________ ….PLAINTIFF
VERSUS
___________________ ….DEFENDANT
MEMO OF PARTIES
________________
S/o ______________,
R/o _______
….PLAINTIFF
VERSUS
________________
S/o ______________,
R/o _______
….DEFENDANT
Advocate
BEFORE THE DISTRICT JUDGE, _________________
___________________
C. S. NO. _________ OF 20__
IN THE MATTER OF :-
________________
S/o ______________,
R/o _______
….PLAINTIFF
VERSUS
________________
S/o ______________,
R/o _______
….DEFENDANT
SUIT FOR EVICTION, REOCVERY, MESNE
PROFITS, AND DAMAGES
MOST RESPECTFULLY SHOWETH:
1.
That
the plaintiff/landlord is a peace-loving and law abiding citizen and is being
harassed by the defendant/tenant, who is harboring evil intentions of grabbing
the tenanted premises.
2. That the plaintiff is the absolute
owner of the property no. _________________________(hereinafter referred as
‘the tenanted premises’). The tenanted premises have been shown in Red in the
Site Plan annexed with the plaint.
3.
That
the plaintiff had leased out the tenanted premises to the defendant in the
month of _________, and for usage as _____.
4.
That
accordingly, initially a 'Lease Deed' was executed on __________between the
plaintiff and the defendant. The said Lease was for a period of three year
w.e.f. __________________and the rent was agreed to be _________.
5. That, thereafter on the expiry of
aforesaid lease period, another lease deed dated ________ was executed between
the plaintiff and the defendant. The said Lease was for a period of three year
w.e.f. __________and the rent was agreed to be _________.
6. That, thereafter, the said lease was
renewed and extended from time to time and lastly, vide lease deed dated
_________, the lease was extended for a period of three years w.e.f._________
and the rent was agreed to be _________.Thereafter, no written agreement was
executed, however, the defendant continued as a tenant.
7. That, however, even after the expiry
of the agreed lease period, the defendant, continued as tenant in the tenanted
premises and continued to pay rent, without execution of any lease deed and
further despite several correspondences and meetings, the terms could not be
finalized and no lease deed could be executed.
8. That the last paid rent of the
tenanted premises is __________.
9. That the defendant had been paying
the monthly rent regularly till _________ by way of account transfer. However,
the defendant, became very irregular in payment of the rent as well as
electricity, water and maintenance charges after_______.
10. That the defendant failed to pay the
rent of the tenanted premises on time and have been making the payment of
monthly rent intermittently and that too after persistent demands by the
plaintiff. As on _________, an amount of __________is outstanding towards
arrears of rent.
11. That the defendant have also failed
to pay the electricity charges and water charges as per actual consumption and
the maintenance charges since ________.
12. That the tenancy in respect of the
tenanted premises is a month-to-month tenancy, in absence of any valid
agreement, and is terminable by 15 days' notice by either of the parties in
view of the section 106 of transfer of property act.
13. That the plaintiff had also intimated
the defendant vide notice dated ___________ about the termination of the lease
in terms of section 106 of the Transfer of Property Act. It was unambiguously
stated in the said notice that the tenancy of the defendant stands terminated
and further, the defendant was called upon to vacate the tenanted premises and
to clear the outstanding rent.
14. That in view of aforesaid facts, the
defendant is in unauthorized occupation of the tenanted premises after expiry
of 15 days from receipt of the notice dated _______.
15. That the defendant is liable to pay a
sum of Rs.______________ /- for unlawful occupation of the tenanted premises
w.e.f. _____________till the actual possession is handed over to the
plaintiff.
16. That the defendant harbors dishonest
intentions and wants to grab the tenanted premises. Therefore, the plaintiff have
no other option but to approach this Hon’ble Court for eviction of tenanted
premises and for recovery of arrears of rent and damages.
17. That the plaintiff is entitled for
the mesne profits arising out of the use of the tenanted premises by the
defendant. The tenanted premises can easily fetch Rs._____________/- per month, if let out on rent and thus the
defendant is liable to pay the mesne profits @ Rs._______________ /-per month during
pendency of the suit. Further, the transaction between the plaintiff and the
defendant being commercial in nature, the plaintiff is entitled to an interest
@18 % per annum for the period of delay till the peaceful possession is handed
over to the plaintiff.
18. That the cause of action has arisen on
_________, when the defendant failed to vacate the tenanted premises after
termination of the lease vide notice dated _______ and further failed to clear
the outstanding rental dues. The cause of action still continues as the
defendant continues to be in unauthorized occupation in the tenanted premises
and is not clearing the outstanding dues.
19.
That
the tenanted premises is situated at ________located in ________within the
territorial jurisdiction of this Hon’ble Court and hence this court has the
territorial jurisdiction to adjudicate the present suit.
20.
That
the annual rent for the tenanted premises as per the lease agreement is
Rs._______________/- and as such the suit valuation for the purposes of relief
of eviction is Rs.____________/- on which requisite court fee of Rs._________/-
has been affixed. The arrears of rent claimed is Rs.________/- on which requisite court fee of Rs._________/-
has been affixed. The damages are calculated @ Rs. ________/- per month from _______________
till actual date of handing over possession, and as such the exact amount
cannot be ascertained as on the date of institution of suit, however,
appropriate court fee of Rs.________/- payable on Rs.____________/- i.e.
damages payable till institution of the suit, is affixed. The plaintiff
undertakes to pay the deficient court fee, if any.
The
total valuation of suit and court fee is as under:-
Valuation Court Fee
(a) For the relief of eviction: Rs. Rs.
(b) For recovery of rent : Rs. Rs.
(c) For damages/ Rs. Rs.
mesne profts
Thus,
this Hon’ble Court has the pecuniary jurisdiction to entertain and adjudicate
the present suit.
21. That the plaintiff has further
claimed the mesne profits on account of unauthorized occupation and use of the tenanted
premises by the defendant from the date of filing of the suit till the date of
handing over the possession of tenanted premises, and the plaintiff undertakes
to pay the appropriate court fee on the amount awarded under this head at the
time of passing of the decree since the same is not yet ascertainable. However,
the court fee on the total amount payable till the filing of the suit has been
paid.
22. That the present suit is filed within
the period of limitation.
P R A Y E R
It is, therefore, most respectfully,
prayed that this Hon’ble Court may be pleased:
(a)
To
pass a decree of eviction thereby directing the defendant, its agents,
representatives, attorneys, etc. to vacate and handover the peaceful possession
of the tenanted premises i.e._____________________, as shown in Red in the Site
Plan annexed herewith.
(b)
To
pass a money decree for an amount Rs.___________________) in favour of the plaintiff and against the
defendant towards arrears of rent from alongwith an interest @18% p.a. for the
period of delay.
(c)
To
pass a money decree for an amount Rs. _________________/- in favour of the
plaintiff and against the defendant towards damages/mesne profits on account of
unlawful occupation and use of the tenanted premises by the defendant for the
period from ____________ till he date of actual handing over the peaceful
possession of tenanted premises to the plaintiff alongwith an interest @18% p.a.
(d)
Award
the cost of litigation in favour of the Plaintiff and against the defendants.
(e)
Pass
any other order as may be deemed fit and proper in the facts and circumstances
of the case.
Plaintiff
Through
Date
New Delhi Advocate
VERIFICATION
Verified at Delhi on this ____ day of
_______that the contents of para ___to ____are true and correct to the best of
my knowledge and belief, the contents of para_____ to ____ alongwith prayer
clause are true and correct as per the legal advice received and believed to be
true and correct.
PLAINTIFF
BEFORE THE DISTRICT JUDGE,
_________________
___________________
C. S. NO. _________ OF 20__
IN THE MATTER OF :
___________________ ….PLAINTIFF
VERSUS
___________________ ….DEFENDANT
AFFIDAVIT IN SUPPORT OF PLAINT
I, ________________, S/o_____________,
R/o______________; do hereby solemnly affirm and state as under:
1.
That
I am the Plaintiff in the abovenoted case and am well conversant with the facts
and circumstances of the above noted case and therefore competent to swear this
affidavit
2.
That
the contents of the accompanying Plaint/Suit have been drafted by my Counsel
under my instructions and the contents of the same have been read over,
explained to me in vernacular and admitted by me to be true and correct to the
best of my knowledge and belief.
3.
That
the contents of the accompanying plaint may kindly be read as part and parcel
of the present affidavit and the same are not being repeated herein for the
sake of brevity.
DEPONENT
VERIFICATION:-
Verified at Delhi on this day of
month 20__, that the contents of the aforesaid paras are true and correct to my
knowledge and no part of it is false and nothing has been concealed therefrom.
DEPONENT
BEFORE THE DISTRICT JUDGE,
_________________
___________________
C. S. NO. _________ OF 20__
IN THE MATTER OF :
___________________ ….PLAINTIFF
VERSUS
___________________ ….DEFENDANT
LIST OF DOCUMENTS
1.
Site
Plan
2.
Lease
Deed dated ________
3.
Lease
Deed dated _________
4.
Lease
Deed dated _________
5.
Legal
Notice dated ______with postal receipts.
6.
Any
other document with permission of the Hon’ble Court
FILED BY:
NEW DELHI
DATE: ____
Advocates for Plaintiff
