Rent and property

Execution petition under Order XXI Rules 30, 32(1) and 41(1) CPC for possession and rent arrears

0 of 29 blanks filled

IN THE COURT OF SH. Designated judge's name, Ld. Designation of judge (e.g. District) JUDGE, (COMM.)-Commercial court number, District name DISTRICT, Courts complex name COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. CS (Comm.) suit number

IN THE MATTER OF:-

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

INDEX

S.NO.	PARTICULARS	PAGE NO.
1.	Memo of Parties.	1

Execution Petition for execution of the decree/order/judgment dated Date of judgment/decree under execution passed by the Ld. Court of Sh. Designated judge's name, Delhi, against the Judgment Debtor, along with affidavit.

ANNEXURE-A — Certified copy of the decree/order/judgment dated Date of judgment/decree under execution passed by this Hon'ble Court.

List of Household Articles.

Vakalatnama.

DECREE HOLDER

Place: DelhiTHROUGH

Dated:

Decree holder's / counsel's name

ADVOCATES

IN THE COURT OF SH. Designated judge's name, Ld. DISTRICT JUDGE, (COMM.)-Commercial court number, District name DISTRICT, Courts complex name COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. CS (Comm.) suit number

IN THE MATTER OF:-

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

MEMO OF PARTIES

Decree holder's name

S/o Decree holder's father's name

R/o Decree holder's residential address

Decree holder's locality in Delhi, Delhi.: DECREE HOLDER

VERSUS

Judgment debtor's name

S/o Judgment debtor's father's name

R/o Judgment debtor's residential address

Judgment debtor's locality in Delhi, Delhi.: JUDGMENT DEBTOR

DECREE HOLDER

Place: New DelhiTHROUGH

Dated:

Decree holder's / counsel's name

ADVOCATES

Counsel's name and details

IN THE COURT OF SH. Designated judge's name, Ld. DISTRICT JUDGE, (COMM.)-Commercial court number, District name DISTRICT, Courts complex name COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. CS (Comm.) suit number

IN THE MATTER OF:

SH. Decree holder's name

S/o Decree holder's father's name

R/o Decree holder's residential address

Decree holder's locality in Delhi: DECREE HOLDER

VERSUS

MR. Judgment debtor's name

S/o Judgment debtor's father's name

R/o Judgment debtor's residential address

Judgment debtor's locality in Delhi: JUDGMENT DEBTOR

EXECUTION PETITION UNDER ORDER XXI RULES 30, 32(1) AND 41(1) READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, ON BEHALF OF THE DECREE HOLDER, FOR EXECUTION OF THE ORDER/JUDGMENT/DECREE DATED Date of judgment/decree under execution PASSED BY SH. Designated judge's name, Ld. DJ-District judge court number (Commercial court designation), Courts complex name COURTS, DELHI, IN C.S. (COMM.) NO. CS (Comm.) suit number.

The Decree Holder prays for execution of the order/judgment, the particulars whereof are stated in the columns hereunder:-

Number of the suit

C.S. (Comm.) No. CS (Comm.) suit number.

ii.

Names of the parties

SH. Decree holder's name, S/o Decree holder's father's name, R/o Decree holder's residential address, Decree holder's locality in Delhi — DECREE HOLDER; VERSUS MR. Judgment debtor's name, S/o Sh. Judgment debtor's father's name, R/o Judgment debtor's residential address — JUDGMENT DEBTOR

iii.

Date of the judgment/decree/order of which execution is sought

Judgment dated Date of judgment/decree under execution passed by this Hon'ble Court in the above-mentioned case. A certified copy of the judgment dated Date of judgment/decree under execution is annexed to this petition as Annexure-A.

iv.

Whether any appeal has been preferred against the judgment

No. The Decree Holder has not received any notice of any appeal filed by the Judgment Debtor against the aforesaid judgment.

Whether any payment has been made between the parties subsequent to the judgment

No.

vi.

Whether any previous application has been made for the execution of the judgment

No.

vii.

Whether the order/judgment/decree granted any costs and interest

Yes. This Hon'ble Court awarded the costs of the suit of Rs.Amount of costs awarded by the Court/- to the Decree Holder.

viii.

Amount of the suit along with interest as per the order/judgment, or any other relief granted by the judgment

Yes. The Judgment Debtor was directed to pay the arrears of rent of Rs.Amount of rent arrears decreed/- along with interest @ Rate of interest decreed% pendent lite onwards till realization to the Decree Holder; the Judgment Debtor was further directed to pay mesne profits of Rs.Monthly mesne profits decreed/- per month for the period from Month from which mesne profits are payable till the actual date of eviction from the tenanted premises, along with interest @ Rate of interest decreed% pendent lite onwards till realization to the Decree Holder.

ix.

Amount of costs, if allowed by the Court

Yes.

The name of the entity against whom execution of the decree is sought

Against the Judgment Debtor.

xi.

The mode in which the assistance of the Court is required

As mentioned hereinafter.

xii.

Whether a certified copy of the decree is provided

Yes.

1.The Judgment Debtor respectfully submits as under:-

A.That this Hon'ble Court was pleased to pass judgment in C.S. (Comm.) No. CS (Comm.) suit number in favour of the Decree Holder and against the Judgment Debtor, vide judgment dated Date of judgment/decree under execution. The relief granted by this Hon'ble Court is reproduced hereunder:-

*"a)The defendant is directed to hand over vacant and peaceful possession of the tenanted suit property bearing No. Tenanted premises number and address, Delhi, to the plaintiff.*

*b)The defendant is directed to pay to the plaintiff the arrears of rent of Rs.Amount of rent arrears decreed/- along with interest @ Rate of interest decreed% pendent lite onwards till realization.*

*c)The defendant is directed to pay to the plaintiff mesne profits of Rs.Monthly mesne profits decreed/- per month for the period from Month from which mesne profits are payable till the actual date of eviction from the tenanted premises, along with interest @ Rate of interest decreed% pendent lite onwards till realization."*

B.That there is no stay order from any superior court against the execution of the order/judgment dated Date of judgment/decree under execution passed by this Hon'ble Court.

C.That the Decree Holder submits that the order/judgment under execution was passed by the Ld. Court of Sh. Designated judge's name, Ld. DJ-District judge court number (Commercial court designation), Courts complex name Courts, Delhi; therefore, this Hon'ble Court has jurisdiction for the purposes of execution of the said order.

D.That the Judgment Debtor has neither complied with the judgment dated Date of judgment/decree under execution nor handed over vacant possession of the subject premises till date.

PRAYER

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

A.Direct the Bailiff of this Hon'ble Court to take possession of the tenanted subject premises bearing No. Tenanted premises number and address, Delhi, from the Judgment Debtor and to hand over peaceful vacant possession of the said premises to the Decree Holder;

B.Direct the Bailiff of this Hon'ble Court to remove the belongings of the Judgment Debtor from the subject premises with the assistance of the local police officials;

C.Restrain the Judgment Debtor from creating any third-party rights in the possession or title of the portion under their occupation in the subject premises;

D.Issue warrants of attachment of the movable and immovable properties of the Judgment Debtor in order to realize the decretal amount;

E.Direct the detention of the Judgment Debtor in civil prison in case the Judgment Debtor causes any hindrance to the execution of the order passed by this Hon'ble Court;

F.Pass any other or such further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

DECREE HOLDER

Place: New DelhiTHROUGH

Dated:

Decree holder's / counsel's name

ADVOCATES

Counsel's name and details

Counsel's enrolment or chamber details

VERIFICATION

I, the Decree Holder above named, do hereby verify at New Delhi on this Date of verification (day of April 2023) day of April, 2023 that the contents of the paragraphs of the accompanying execution petition are true to my knowledge, that no material or relevant fact has been concealed therefrom, and that the last paragraph is the prayer made before this Hon'ble Court.

DECREE HOLDER

IN THE COURT OF SH. Designated judge's name, LD. Designation of judge (e.g. District) JUDGE, (COMM.)-Commercial court number, District name DISTRICT, Courts complex name COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. CS (Comm.) suit number

IN THE MATTER OF:-

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

AFFIDAVIT

Affidavit of Sh. Decree holder's name, aged about Decree holder's age years, S/o Sh. Decree holder's father's name, R/o Decree holder's residential address, Delhi, who do hereby solemnly affirm and declare as under:-

1.That I am the Decree Holder in the above-mentioned case and am fully conversant with the facts and circumstances of the case, and am competent to swear the present affidavit.

2.That the accompanying execution petition has been drafted by the counsel for the Decree Holder under my instructions. The contents thereof are true and correct, and the same are not being reproduced herein for the sake of brevity; the said execution petition may be treated as part and parcel of the present affidavit.

3.That there is no order of stay from any superior court against the execution of the decree.

DEPONENT

VERIFICATION

Verified at Delhi on this Date of verification (day of April 2023) day of April, 2023 that the contents of my above affidavit are true and correct to my knowledge and belief, and that nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF SH. Designated judge's name, LD. Designation of judge (e.g. District) JUDGE, (COMM.)-Commercial court number, District name DISTRICT, Courts complex name COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. CS (Comm.) suit number

IN THE MATTER OF:-

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

LIST OF HOUSEHOLD ARTICLES

1.Television, refrigerator.

2.Washing machine.

3.Air conditioner, computer / laptop.

4.Bed, chairs, sofa set.

5.Desert cooler.

6.All furniture and cupboards.

7.Kitchenware, oven, mixer.

8.Almirah, inverter.

9.Fans.

10.Electrical / electronic items.

11.Any other article lying in the premises.

DECREE HOLDER

Through

Place: New Delhi

Dated:

Decree holder's name

ADVOCATES

Counsel's name and details

Counsel's enrolment or chamber details

IN THE COURT OF SH. Designated judge's name, Ld. Designation of judge (e.g. District) JUDGE, (COMM.)-Commercial court number, District name DISTRICT, Courts complex name COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. CS (Comm.) suit number

IN THE MATTER OF:-

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

INDEX

S.NO.	PARTICULARS	PAGE NO.
1.	Memo of Parties.	1

ANNEXURE-A — Certified copy of the decree/order/judgment dated Date of judgment/decree under execution passed by this Hon'ble Court.

List of Household Articles.

Vakalatnama.

DECREE HOLDER

Place: DelhiTHROUGH

Dated:

Decree holder's / counsel's name

ADVOCATES

IN THE COURT OF SH. Designated judge's name, Ld. DISTRICT JUDGE, (COMM.)-Commercial court number, District name DISTRICT, Courts complex name COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. CS (Comm.) suit number

IN THE MATTER OF:-

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

MEMO OF PARTIES

Decree holder's name

S/o Decree holder's father's name

R/o Decree holder's residential address

Decree holder's locality in Delhi, Delhi.: DECREE HOLDER

VERSUS

Judgment debtor's name

S/o Judgment debtor's father's name

R/o Judgment debtor's residential address

Judgment debtor's locality in Delhi, Delhi.: JUDGMENT DEBTOR

DECREE HOLDER

Place: New DelhiTHROUGH

Dated:

Decree holder's / counsel's name

ADVOCATES

Counsel's name and details

IN THE COURT OF SH. Designated judge's name, Ld. DISTRICT JUDGE, (COMM.)-Commercial court number, District name DISTRICT, Courts complex name COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. CS (Comm.) suit number

IN THE MATTER OF:

SH. Decree holder's name

S/o Decree holder's father's name

R/o Decree holder's residential address

Decree holder's locality in Delhi: DECREE HOLDER

VERSUS

MR. Judgment debtor's name

S/o Judgment debtor's father's name

R/o Judgment debtor's residential address

Judgment debtor's locality in Delhi: JUDGMENT DEBTOR

The Decree Holder prays for execution of the order/judgment, the particulars whereof are stated in the columns hereunder:-

Number of the suit

C.S. (Comm.) No. CS (Comm.) suit number.

ii.

Names of the parties

iii.

Date of the judgment/decree/order of which execution is sought

iv.

Whether any appeal has been preferred against the judgment

No. The Decree Holder has not received any notice of any appeal filed by the Judgment Debtor against the aforesaid judgment.

Whether any payment has been made between the parties subsequent to the judgment

No.

vi.

Whether any previous application has been made for the execution of the judgment

No.

vii.

Whether the order/judgment/decree granted any costs and interest

Yes. This Hon'ble Court awarded the costs of the suit of Rs.Amount of costs awarded by the Court/- to the Decree Holder.

viii.

Amount of the suit along with interest as per the order/judgment, or any other relief granted by the judgment

ix.

Amount of costs, if allowed by the Court

Yes.

The name of the entity against whom execution of the decree is sought

Against the Judgment Debtor.

xi.

The mode in which the assistance of the Court is required

As mentioned hereinafter.

xii.

Whether a certified copy of the decree is provided

Yes.

1.The Judgment Debtor respectfully submits as under:-

*"a)The defendant is directed to hand over vacant and peaceful possession of the tenanted suit property bearing No. Tenanted premises number and address, Delhi, to the plaintiff.*

*b)The defendant is directed to pay to the plaintiff the arrears of rent of Rs.Amount of rent arrears decreed/- along with interest @ Rate of interest decreed% pendent lite onwards till realization.*

B.That there is no stay order from any superior court against the execution of the order/judgment dated Date of judgment/decree under execution passed by this Hon'ble Court.

D.That the Judgment Debtor has neither complied with the judgment dated Date of judgment/decree under execution nor handed over vacant possession of the subject premises till date.

PRAYER

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

B.Direct the Bailiff of this Hon'ble Court to remove the belongings of the Judgment Debtor from the subject premises with the assistance of the local police officials;

C.Restrain the Judgment Debtor from creating any third-party rights in the possession or title of the portion under their occupation in the subject premises;

D.Issue warrants of attachment of the movable and immovable properties of the Judgment Debtor in order to realize the decretal amount;

E.Direct the detention of the Judgment Debtor in civil prison in case the Judgment Debtor causes any hindrance to the execution of the order passed by this Hon'ble Court;

F.Pass any other or such further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

DECREE HOLDER

Place: New DelhiTHROUGH

Dated:

Decree holder's / counsel's name

ADVOCATES

Counsel's name and details

Counsel's enrolment or chamber details

VERIFICATION

DECREE HOLDER

IN THE COURT OF SH. Designated judge's name, LD. Designation of judge (e.g. District) JUDGE, (COMM.)-Commercial court number, District name DISTRICT, Courts complex name COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. CS (Comm.) suit number

IN THE MATTER OF:-

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

AFFIDAVIT

1.That I am the Decree Holder in the above-mentioned case and am fully conversant with the facts and circumstances of the case, and am competent to swear the present affidavit.

3.That there is no order of stay from any superior court against the execution of the decree.

DEPONENT

VERIFICATION

DEPONENT

IN THE COURT OF SH. Designated judge's name, LD. Designation of judge (e.g. District) JUDGE, (COMM.)-Commercial court number, District name DISTRICT, Courts complex name COURTS, DELHI

EXECUTION PETITION NO. Execution petition number OF 2023

C.S. (COMM.) NO. CS (Comm.) suit number

IN THE MATTER OF:-

Decree holder's name: DECREE HOLDER

VERSUS

Judgment debtor's name: JUDGMENT DEBTOR

LIST OF HOUSEHOLD ARTICLES

1.Television, refrigerator.

2.Washing machine.

3.Air conditioner, computer / laptop.

4.Bed, chairs, sofa set.

5.Desert cooler.

6.All furniture and cupboards.

7.Kitchenware, oven, mixer.

8.Almirah, inverter.

9.Fans.

10.Electrical / electronic items.

11.Any other article lying in the premises.

DECREE HOLDER

Through

Place: New Delhi

Dated:

Decree holder's name

ADVOCATES

Counsel's name and details

Counsel's enrolment or chamber details

1 / 1

All templates

AGREEMENT TO SELL AND PURCHASE (BAYANA)

This Agreement to Sell is made and executed at New Delhi on Date of agreement between SH. Seller's name, S/O SH. Seller's father's name, hereinafter referred to as the FIRST PARTY / SELLER (which expression shall, unless repugnant to the context, include his heirs, successors and assigns);

AND

MS. Purchaser's name, hereinafter referred to as the SECOND PARTY / PURCHASER (which expression shall, unless repugnant to the context, include her heirs, successors and assigns).

The expressions "First Party" and "Second Party" shall, unless repugnant to the context, mean and include their respective legal heirs, successors, executors, administrators, representatives and assignees.

WHEREAS the First Party is the true, absolute and lawful owner of the built-up property bearing No. Property number, DELHI-PIN code (hereinafter referred to as "the said property");

Rent and property

Agreement to sell and purchase property with earnest money (bayana) receipt

IN THE COURT OF Name of the court

CASE NO. RAC - RAC case number

IN THE MATTER OF:

Petitioner's name: PETITIONER

VERSUS

Respondent's name: RESPONDENT

APPLICATION ON BEHALF OF THE APPLICANT / RESPONDENT SEEKING SUPPLY OF THE COMPLETE SET OF DOCUMENTS FILED BY THE PETITIONER IN SUPPORT OF THE PETITION

MOST RESPECTFULLY SHOWETH:-

1.That the aforesaid petition has been filed by the petitioner before this Hon'ble Court, and the same is fixed for Date fixed for hearing of the petition.

2.That on Date of issue of notice by the court, a notice was issued by this Hon'ble Court to the respondent, and the same was received on Date of receipt of notice. After receiving the notice, the respondent engaged counsel to contest the present proceedings. Upon perusal of the file, counsel found that the complete set of documents had not been supplied along with the summons by the petitioner.

Rent and property

Application by respondent for supply of complete set of documents filed with rent petition

IN THE COURT OF Name of presiding judge, LD. SCJ-CUM-RC, TIS HAZARI COURTS, DELHI

E. PETITION NO. Eviction petition number/Year of eviction petition

IN THE MATTER OF:

Petitioner's name: PETITIONER

VERSUS

Respondent's name: RESPONDENT

APPLICATION UNDER SECTION 25B OF THE DELHI RENT CONTROL ACT FOR LEAVE TO DEFEND AND CONTEST THE EVICTION PETITION ON BEHALF OF THE RESPONDENT

MOST RESPECTFULLY SHOWETH:

PRELIMINARY OBJECTIONS / SUBMISSIONS:

1.That the present application for leave to defend is being filed within the statutory period of 15 days from the date of service, as the Respondent was served with the summons of the captioned petition on Date of service of summons by registered post.

2.That the petition under reply is an abuse of the process of law, which is evident from a perusal of the petition itself, and is therefore liable to be dismissed.

Rent and property

Application for leave to defend under Section 25B of the Delhi Rent Control Act with supporting affidavit

IN THE COURT OF SH. Name of the ACJ-cum-ARC, LD. ACJ-CUM-ARC, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.

RC ARC NO. RC ARC case number OF 2020

IN THE MATTER OF :-

Petitioner's name: PETITIONER

VERSUS

Respondents' names: RESPONDENTS

D.O.H.: Date of hearing

APPLICATION ON BEHALF OF THE APPLICANTS / RESPONDENTS NO. 1 TO 3, 7 & 8 UNDER SECTION 151 CPC FOR RECALLING THE ORDER DATED Date of the order being recalled PASSED BY THIS HON'BLE COURT

MOST RESPECTFULLY SHOWETH:-

1.That the present petition under Sections 14(1)(e) and 25(b) of the Delhi Rent Control Act, seeking bonafide requirement, has been filed by the Petitioner against the Respondents, and the same is pending before this Hon'ble Court for arguments on the application for leave to defend filed by Respondents no. 4, 5 and 6 for the last Period of pendency of leave to defend application.

Rent and property

Related templates

Agreement to sell and purchase property with earnest money (bayana) receipt

Application by respondent for supply of complete set of documents filed with rent petition

Application for leave to defend under Section 25B of the Delhi Rent Control Act with supporting affidavit

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