IN THE COURT OF SENIOR SUB____ JUDGE _________
Civil Suit No.: __________
(Under Order XXXVII of the Code of Civil Procedure 1908)
Date of Institution : _______
A SUIT FOR RECOVERY OF POSSESSION AND MONDY CLAIM
The plaintiff above named submits this plaint, praying to state as follows :
- Description of Suit Property : All that piece and parcel of premises consisting of three rooms along with attached sanitary block totally admeasuring 350 sq.ft. situate on the ground floor in the old building standing at _________.
- That the property described in para 1 above is owned by the plaintiff, and the defendant is a monthly tenant in the said property.
- That the month of tenancy is according to the English calendar, commencing on the first day in a month and ending on the last day of the same month.
- That the monthly rent for the suit premises is Rs. ______ exclusive of all other charges and taxes.
- That the defendant has not paid the amount of monthly rent from __________ 20______, and thus, he has become a defaulter within the meaning, provision and interpretation of the Maharashtra Rent Control Act 1999.
- That the defendant without the consent of the plaintiff also erected a permanent structure in the suit premises by providing a wall.
- That the defendant has already acquired a spacious flat in the _________________________________(Swan and Cooperative Housing Society) at ____________ (Kothrud,) and the defendant has shifted his residence there and kept the suit premises duly locked for more than two years.
- That there are as many as twelve members in the family of the plaintiff, and since the premises in possession of the plaintiff are inadequate and insufficient, he requires the suit premises for his personal bonafide occupation.
- That the plaintiff served upon the defendant notice, on calling upon him to vacate the premises and hand over vacant and peaceful possession thereof unto the plaintiff, but the defendant refused to do so.
- That the defendant has also been very irregular in making the payment of monthly rent, and sometimes he pays the rent occasionally or for a period of _______ (4/5 months).
- That even though the defendant has been using the premises for so many years, he keeps the same in a dirty condition.
- Particulars of Money Claim : Rupees : -
- Arrears of Rent from _______ (1.1.2005) to __________ (12.2006 )@ Rs. _____________ (75/_ per month) 1,800/
- Amount of Mesne Profits from ______________ (1.1.200_) to _____________ (31.1.200_) @ Rs. _________ (150/_p.m.) . 150/-
- Notice Charge _________ (450/-)
- Total Amount Due and Claimed (2,400/-) _________
- Less Amount Received ___________
- Net Amount Due and Claimed (2,400/-) _____________
- That the plaintiff so far several attempts so as to recover the arrears of rent even by asking the defendant to make the payment in installments, but the defendant has never taken anything seriously and sincerely, and hence this suit.
- That the cause of action for the present suit first arose on when the defendant refused to vacate the suit premises, and the same has since then been arising every day thereafter, and hence, the suit filed today is well within limitation.
- That the property is situated within the local limits of the jurisdiction of this court, and hence, this Hon'ble Court has jurisdiction to try and decide this suit.
- That the suit is valued at Rs. ___________ (1,800/-) that is the amount equal to 12 months rent and a separate court fee on the amount of money claim has been paid herewith.
- That the plaintiff, therefore, prays that –
- A decree of eviction be passed against the defendant;
- Vacant possession of the suit premises be restored to the plaintiff;
- The defendant is ordered to pay unto this plaintiff the amount of money claim and also mesne profits @ Rs. _________ p.m. from the date of filing this suit till recovery of possession;
- The costs of this plaintiff are paid by the defendant; and
- Any other orders that the Hon'ble court may be pleased to pass in the interest of justice.
ADVOCATE FOR PLAINTIFF
I, _________________________________ , the present opponent, do hereby state on solemn affirmation that the contents of this statement in paras 1 to 17 are true and correct to the best of my knowledge and belief, so I have signed here under.
Dated ____ day of _____
IN THE COURT OF SENIOR SUB____ JUDGE _________
That I am the petitioner in the present case and I am well conversant with the facts and circumstances of the case, hence competent to file this affidavit.
That, I am filing an application under Order XXXVII of the Code of Civil Procedure 1908 before this Hon’ble Court. The contents of the application have been read over, translated and explained to me in Hindi and in English also. The content of the application related to the facts is true from my personal knowledge and that related to law are true to the information received by me from my advocate, which I believe to be true and this affidavit is sworn in support thereof. Nothing contained therein is false and nothing has been concealed.