Plaint for permanent injunction against forcible dispossession of tenanted premises
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SUIT FOR PERMANENT INJUNCTION
IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT District), DELHI
SUIT NO. Suit number OF 20..
IN THE MATTER OF:
Sh. Plaintiff's name
S/o Plaintiff's father's name
R/o Plaintiff's address… PLAINTIFF
VERSUS
1.Defendant 1's name
S/o Defendant 1's father's name
R/o Defendants' address
2.Defendant 2's name
S/o Defendant 2's father's name
R/o Defendant 2's address… DEFENDANTS
SUIT FOR PERMANENT INJUNCTION
MOST RESPECTFULLY SHOWETH:
1.That the plaintiff is a permanent resident at the address mentioned above and has been residing as a tenant in the property bearing No. Property number, Property location, for the last many years, along with Details of plaintiff's family residing with him.
2.That the plaintiff is a tenant in respect of the above-said property bearing No. Property number, Property location, consisting of two rooms, a latrine and a kitchen, in the above-said premises, on a monthly rent of ₹ Monthly rent (₹), excluding electricity and water charges, under the tenancy of the late Sh. Late landlord's name, who died on Date of landlord's death. The late Sh. Late landlord's name used to collect the rent from the plaintiff, but, despite several demands made by the plaintiff, the late Sh. Late landlord's name did not issue any rent receipt to the plaintiff and always postponed the issue of the rent receipt.
3.That the plaintiff spent a substantial amount on the construction of the said two rooms in the above-said premises at the request of the late Sh. Late landlord's name, and the late Sh. Late landlord's name assured the plaintiff that the said amount would be adjusted against the rent (the plaintiff is in possession of the necessary documents and proof of the material used for the construction of the rooms in the above-said property). It is also pertinent to mention here that the plaintiff looked after the late Sh. Late landlord's name on many occasions whenever he fell ill.
4.That at present the plaintiff is in peaceful possession of the premises bearing No. Property number, Property location, and is in possession of all the necessary documents and records regarding such possession (photocopies of the Ration Card and School Card are enclosed herewith), but the above-said defendants intend to disturb the peaceful physical possession of the plaintiff over the above-said premises.
5.That the plaintiff keeps all his household goods lying in the above-said premises and has been living there peacefully.
6.That the plaintiff has paid the agreed rent at the rate of ₹ Monthly rent (₹) per month to the late Sh. Late landlord's name up to Date up to which rent was paid. It is also pertinent to mention here that the legal heirs of the late Sh. Late landlord's name are not known to the plaintiff, and even at present the plaintiff is ready and willing to tender the rent before the legal heirs of the late Sh. Late landlord's name.
7.That on Date of first threat incident, the above-said defendants came to the above-said premises of the plaintiff and threatened the plaintiff to vacate the tenanted premises immediately, failing which the plaintiff would have to face dire consequences. When the plaintiff enquired about their identity, the defendants did not disclose the same; instead, they started throwing the household goods out forcibly and illegally and picked a quarrel with the plaintiff. When the local residents and neighbours intervened in the matter, the defendants left the spot after threatening the plaintiff with dire consequences and with the warning that they would dispossess the plaintiff forcibly and illegally in the near future with the help of local goondas. The defendants openly stated that the staff of Police Post Police post name dances to their tune and that it was a very easy task for them to dispossess any person, or to grab the property of anyone, with the help of the police staff.
8.That immediately, on the same date, the plaintiff rushed to Police Post Police post name to lodge a report against the defendants regarding the said incident, but the Duty Officer did not register the plaintiff's report. The plaintiff was surprised to find that both the defendants were already present at Police Post Police post name.
9.That on Date of notice to defendant, the plaintiff sent a notice to defendant No. 1, with a copy to the Chowki Incharge, Police Post Police post name, by Registered Post A.D. (a copy whereof is enclosed herewith), but the staff of Police Post Police post name has not taken any action against the defendants, for reasons best known to them.
10.That on Date of second threat incident, the defendants, along with two unknown persons whom the plaintiff can identify by face, came to the above-said premises bearing No. Property number, Property location, and knocked at the door at odd hours and threatened the plaintiff to come out of the room. The plaintiff saw their faces through the gaps in the door, and, being nervous, did not come out of the two-room apartment. The said persons threatened the plaintiff to vacate the premises immediately. However, the neighbours gathered there and restrained the defendants from dispossessing the plaintiff from the above-said premises forcibly and illegally. When the neighbours threatened them, they left the spot with a threat to return after one or two days with heavy force to dispossess the plaintiff from the above-said premises forcibly and illegally.
11.That on Date of second police visit, the plaintiff again went to Police Post Police post name to lodge a report against the defendants, but no police officer of Police Post Police post name was willing to take the plaintiff's complaint against the defendants, and the plaintiff was advised to approach the competent court of law to seek his remedy and to obtain an order of injunction against the defendants and the staff of Police Post Police post name.
12.That the plaintiff has no other efficacious remedy except to approach this Hon'ble Court to seek the relief of injunction against the defendants from interfering with the peaceful possession of the premises bearing No. Property number, Property location.
13.That the cause of action arose on different dates when the defendants threatened the plaintiff to vacate the premises bearing No. Property number, Property location, threatened the plaintiff with dire consequences, and further sought to dispossess the plaintiff from the above premises bearing No. Property number, Property location, forcibly and illegally. The cause of action last arose on Date cause of action last arose, when the defendants again threatened and attempted to dispossess the plaintiff from the premises bearing No. Property number, Property location, forcibly and illegally with the connivance of the local police. The cause of action still subsists, as the threat of the defendants to dispossess the plaintiff and to disturb the peaceful possession of the premises bearing No. Property number, Property location, continues.
14.That the value of this suit for the purposes of court fee and jurisdiction is ₹ Suit value for court fee and jurisdiction (₹), on which court fee of ₹ Court fee paid (₹) is paid.
15.That this Hon'ble Court has jurisdiction to entertain and try this suit, as a part of the cause of action arose at Delhi and the suit property is situated within the territorial jurisdiction of this Hon'ble Court.
PRAYER:
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:
(a)pass a decree of permanent injunction in favour of the plaintiff and against the defendants, thereby restraining the defendants, their representatives, employees, agents and all others acting on their behalf from dispossessing the plaintiff forcibly and illegally from the tenanted premises bearing No. Property number, Property location, and also from interfering in any manner with the peaceful possession of the above-said premises;
(b)award the costs of the suit in favour of the plaintiff and against the defendants;
(c)pass such other and further order(s) as may be deemed fit and proper on the facts and in the circumstances of the present case, in favour of the plaintiff and against the defendants.
VERIFICATION
I, the Plaintiff above named, do hereby verify that the contents of paragraphs 1 to Paragraph number up to which contents are true to knowledge of the plaint are true to my knowledge derived from the records of the Plaintiff maintained in the ordinary course of its business, that the contents of paragraphs Paragraph number from which contents are true on information to Paragraph number up to which contents are true on information are true on information received and believed by me to be true, and that the last paragraph is the humble prayer made to this Hon'ble Court.
Verified at Place of verification on this Day of verification day of Month of verification, Year of verification.
Plaintiff's name
Plaintiff
Place: Place of signing the plaint
Date: Date of signing the plaint
Through
Name of Advocate
Advocate