Rent and property

Civil suit for injunction, arrears of rent, possession and damages with interim injunction application

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IN THE COURT OF THE HON'BLE SENIOR CIVIL JUDGE, TIS HAZARI COURTS, DELHI

SUIT NO. Suit number

IN RE:

Plaintiffs' namesPLAINTIFFS

VERSUS

Defendants' namesDEFENDANTS

INDEX

Sr. No.ParticularsPages
1Memo of parties
2Suit for permanent and mandatory injunction, arrears of rent and damages, along with supporting affidavit
3Application under Order 39 Rules 1 & 2 read with Section 151 CPC, along with supporting affidavit
4List of documents, along with documents
5Vakalatnama

PLAINTIFF

DATEDTHROUGH
PLACE(Plaintiff's advocate name)

IN THE COURT OF THE HON'BLE SENIOR CIVIL JUDGE, TIS HAZARI COURTS, DELHI

SUIT NO. Suit number

IN RE:

Plaintiffs' namesPLAINTIFFS

VERSUS

Defendants' namesDEFENDANTS

MEMO OF PARTIES

1.Plaintiff no. 1's name

S/o Plaintiff no. 1's father's name

R/o Plaintiff no. 1's address

2.M/s. Plaintiff no. 2 company name
Through its Authorised Officer… PLAINTIFFS

VERSUS

1.Defendant no. 1's name

S/o Defendant no. 1's father's name

R/o Defendant no. 1's address… DEFENDANTS

THROUGH

Date:

Place(Advocates)

IN THE COURT OF THE HON'BLE SENIOR CIVIL JUDGE, TIS HAZARI COURTS, DELHI

SUIT NO. Suit number

IN RE:

Plaintiffs' namesPLAINTIFFS

VERSUS

Defendants' namesDEFENDANTS

SUIT FOR PERMANENT AND MANDATORY INJUNCTION, RECOVERY OF RENT WITH ARREARS, POSSESSION, DAMAGES AND MESNE PROFITS

MOST RESPECTFULLY SHOWETH:

1.That plaintiff no. 1 is the lawful owner of the suit property bearing no. Suit property number, hereinafter referred to as the suit premises.
2.That the defendants approached the plaintiff in the year 2018 for taking Flat No. Leased flat number on lease.
3.That the plaintiffs and the defendants entered into a tripartite agreement dated Date of tripartite agreement between plaintiff nos. 1 and 2 and defendant no. 1, for a period of Lease duration in months months, commencing from Lease commencement date and ending on Lease end date.
4.That, as per the terms and conditions agreed between the parties, the rent was fixed at an advance rent of Rs. Monthly rent (₹) per month, payable on or before the 7th day of every month.
5.That the defendants failed to pay the rent for the month of Month for which rent was defaulted before the 7th day of the said month, as required under the tripartite agreement signed between the parties. The defendants handed over a post-dated cheque bearing cheque no. Cheque number dated Date of cheque drawn on Bank on which cheque is drawn for the amount of Rs. Amount of cheque (₹) in favour of the plaintiff, with an assurance that the same would be honoured.
6.That the said cheque was dishonoured by the bank with the remark "Funds Insufficient" and was returned to the plaintiff vide cheque return memo dated Date of cheque return memo.
7.That the defendant has committed forgery and gross breach of trust with the plaintiff and has been wrongly and mala fide withholding the legally recoverable dues of the plaintiff.
8.That the said intentional and wilful breach of contract by the defendant is actuated by mala fide and guilty motive, and the same also amounts to criminal breach of trust, cheating and fraud upon the plaintiff, besides wrongful withholding and enjoyment of the amount due and outstanding and payable to the plaintiff.
9.That the tripartite rent agreement has already expired on Date of expiry of rent agreement, and the suit premises still remain in the illegal possession of the defendants.
10.That intimation of the expiry of the rent agreement was duly given to the defendants well in advance vide letter dated Date of letter intimating expiry of rent agreement, and they were duly informed to vacate the premises upon the expiry of the said agreement.
11.That the defendants are still in possession of the said premises and have not vacated the same despite several intimations.
12.That the defendants, in a clandestine manner, are attempting to dispossess the plaintiff from the suit premises so as to harass the plaintiff and to cause economic and other losses to the plaintiff.
13.That the defendants have no right or authority to forcibly dispossess the plaintiff from the suit premises, and in case they succeed in their nefarious motives and designs, the plaintiff will suffer irreparable loss and injury which cannot be compensated in terms of money.
14.THAT the parties to the suit reside and work for gain at Delhi; the cause of action has also arisen at Delhi; and the suit premises is situated within the territorial jurisdiction of this Hon'ble Court in the West District; hence, this Hon'ble Court has jurisdiction to try and entertain the present suit.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be graciously pleased to:

i.Pass a decree for mandatory injunction in favour of the plaintiff and against the defendants, directing them to stop entering the suit premises and to stop the illegal use of the suit premises;

ii. Pass a decree for permanent injunction in favour of the plaintiff and against the defendants, restraining the defendants, their associates and agents from alienating, transferring, mortgaging or selling the property bearing Flat No. Flat number to be restrained from alienation;

iii. Award the costs of the suit in favour of the plaintiff;

iv. Grant any other or further relief which this Hon'ble Court may deem fit and proper in the circumstances of the case, in favour of the plaintiff.

PLAINTIFF

Date:

Place:

THROUGH

(Plaintiff's advocate name)


IN THE COURT OF THE HON'BLE DISTRICT CIVIL JUDGE, TIS HAZARI COURTS, DELHI

SUIT NO. Suit number

IN RE:

Plaintiff's name… PLAINTIFF

VERSUS

Defendant's name… DEFENDANT

AFFIDAVIT IN SUPPORT OF THE SUIT

Affidavit of M/s. Plaintiff company name, through its authorised person, Authorized person's name, R/o Address of authorised person of plaintiff company.

I, the above-named deponent, do hereby solemnly affirm and declare as under:-

1.THAT I am the plaintiff in the above-noted case; I am well conversant with the facts of the case and competent to swear this affidavit.
2.THAT the contents of the accompanying suit for mandatory and permanent injunction have been drafted under my instructions by my counsel; the same have been read over and explained to me in vernacular, and I have understood them to be correct.
3.THAT the contents of the accompanying suit are not being reproduced herein for the sake of brevity, and the same may kindly be read as part and parcel of this affidavit.
4.THAT paragraphs 1 to 11 of the accompanying suit are true and correct to my knowledge and are believed to be correct. Paragraph 12 is a legal submission. The remaining sub-paras (i) to (iv) are the prayer clauses before this Hon'ble Court.

DEPONENT

VERIFICATION:

Verified at Place of verification on this Day of verification day of Month of verification that the contents of the above affidavit are true and correct to my knowledge, and no part of it is false or wrong.

DEPONENT


IN THE COURT OF THE HON'BLE DISTRICT CIVIL JUDGE, TIS HAZARI COURTS, DELHI

SUIT NO. Suit number

IN RE:

Plaintiffs' names… PLAINTIFFS

VERSUS

Defendants' names… DEFENDANTS

APPLICATION UNDER ORDER 39 RULES 1 & 2 READ WITH SECTION 151 CPC

MOST RESPECTFULLY SHOWETH:

1.THAT the applicant has filed the accompanying suit for mandatory and permanent injunction against the defendants, and the same is pending adjudication before this Hon'ble Court.
2.THAT the contents of the accompanying suit are not being reproduced herein for the sake of brevity, and the same may kindly be read as part and parcel of this application.
3.THAT the applicant has a good prima facie case in his favour, and the same is likely to be decided in his favour.
4.THAT the balance of convenience lies in favour of the plaintiff and against the defendants.
5.THAT the plaintiff is the lawful owner in possession of the suit premises since Date since possession of premises, as per the registered sale agreement dated Date of registered sale agreement.
6.THAT in case the plaintiff is not granted ad-interim relief against the defendants, the plaintiff will suffer irreparable loss and injury which cannot be compensated in terms of money.
7.An affidavit in support of this application is annexed herewith.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may kindly grant an ex-parte ad-interim injunction in favour of the applicant and against the defendants, directing the defendants to immediately vacate the suit premises, i.e., Flat No. Flat number to be vacated. The defendants, their associates, agents and representatives may also be restrained from interfering with, disturbing, or causing any hindrance whatsoever to the smooth and peaceful enjoyment of the suit premises by the plaintiff. Any other or further relief which this Hon'ble Court may deem fit and proper may also be granted in favour of the plaintiff.

PLAINTIFF

THROUGH

DatePlace:

(Plaintiff's advocate name)

IN THE COURT OF THE HON'BLE DISTRICT CIVIL JUDGE, TIS HAZARI COURTS, DELHI.

SUIT NO. Suit number/2019

IN RE:

Plaintiff's name…PLAINTIFF

VERSUS

Defendant's name…DEFENDANT

AFFIDAVIT

Affidavit of M/s. Plaintiff company name, through its authorised person, Authorized person's name, resident of Address of authorised person of plaintiff company.

I, the above-named deponent, do hereby solemnly affirm and declare as under:-

1.THAT I am the plaintiff in the above-noted suit, am fully conversant with the facts of the case, and am competent to swear this affidavit.
2.THAT the contents of the accompanying application under Order 39 Rules 1 and 2 read with Section 151 CPC have been drafted under my instructions by my counsel; the same have been read over and explained to me, and I have understood them to be correct.
3.THAT the contents of the accompanying application are not reproduced herein for the sake of brevity, and the same may kindly be read as part and parcel of this affidavit.

DEPONENT

VERIFICATION:

Verified at Delhi on this Day of verification day of Month of verification, 2019, that the contents of the above affidavit are true and correct to my knowledge, and that no part of it is false or incorrect.

DEPONENT

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Application under Section 151 CPC by respondents for recalling ex parte order and seeking leave to defend