IN THE COURT OF THE HON'BLE SENIOR CIVIL JUDGE, KARKARDOOMA COURTS, DELHI
CASE NO. Case number/Year
IN THE MATTER OF:
Plaintiffs' name (index)…. PLAINTIFFS
VERSUS
Defendant's name (index)…. DEFENDANT
INDEX
| S.NO. | PARTICULARS | COURT FEE | PAGES |
|---|
| 1. | MEMO OF PARTIES | | |
| 2. | SUIT FOR PERMANENT AND MANDATORY INJUNCTION & RECOVERY OF RENT | | |
| 3. | APPLICATION UNDER ORDER Order number under CPC RULES 1 & 2 CPC | | |
| 4. | ANNEXURE A – COPY OF GIFT DEED | | |
| 5. | ANNEXURE B – COPY OF RENT AGREEMENT | | |
| 6. | ANNEXURE C – COPY OF LETTER/NOTICE DATED Day of notice letter date.Month of notice letter date.Year of notice letter date | | |
| 7. | ANNEXURE D – COPY OF REPLY SENT BY DEFENDANT | | |
| 8. | COPY OF IDENTITY CARDS OF BOTH PLAINTIFFS | | |
PLAINTIFFS
DELHI
DATETHROUGH
COUNSEL
Counsel's name & ASSOCIATES
OFFICE NO. Counsel's office number,
MOB: Counsel's mobile number
IN THE COURT OF THE HON'BLE SENIOR CIVIL JUDGE, KARKARDOOMA COURTS, DELHI
CASE NO. Case number/Year
IN THE MATTER OF:
Plaintiffs' name (memo of parties)…. PLAINTIFFS
VERSUS
Defendant's name (memo of parties)…. DEFENDANT
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…. PLAINTIFF NO. 1
2.Plaintiff no.2's name
W/o Plaintiff no.2's husband's name
R/o Plaintiff no.2's address…. PLAINTIFF NO. 2
VERSUS
Defendant's name
S/o Defendant's father's name
R/o Defendant's address…. DEFENDANT
PLAINTIFFS
DELHI
DATETHROUGH
COUNSEL
Counsel's name & ASSOCIATES
OFFICE NO. Counsel's office number,
MOB: Counsel's mobile number
IN THE COURT OF THE HON'BLE SENIOR CIVIL JUDGE, KARKARDOOMA COURTS, DELHI
CASE NO. Case number/Year
IN THE MATTER OF:
Plaintiffs' name (plaint)…. PLAINTIFFS
VERSUS
Defendant's name (plaint)…. DEFENDANT
SUIT FOR PERMANENT AND MANDATORY INJUNCTION & RECOVERY OF RENT WITH INTEREST @ 18% PER ANNUM WITH PENDENTE LITE AND FUTURE INTEREST
MOST RESPECTFULLY SHOWETH:
1.That the plaintiffs are the absolute owners of Description of suit property (hereinafter referred to as the "Suit Property") by virtue of a registered Gift Deed dated Gift deed date, executed in favour of the plaintiffs by Donor's name Donor's father's name (father of Plaintiff No. 1), S/o Donor's father's father's name, vide Registration No. Gift deed registration number in Book No. X, Volume No. Gift deed volume number, at pages 5 to 12, before the Sub-Registrar, Sub-registrar's office name, Sub-registrar's office location. A copy of the Gift Deed is annexed hereto as ANNEXURE A.
2.That the defendant is a tenant in the Suit Property by virtue of a registered Rent Agreement executed between the plaintiffs and the defendant on Day of rent agreement date.Month of rent agreement date.Year of rent agreement date in the office of the Sub-Registrar, Sub-registrar's office name (rent agreement), Sub-registrar's office location (rent agreement), vide Registration No. Rent agreement registration number in Book No. X, Volume No. Rent agreement volume number, at pages 10 to 14. A copy of the registered Rent Agreement is annexed hereto as ANNEXURE B.
3.That as per the Rent Agreement, the rent of the property commenced from Day of rent commencement date.Month of rent commencement date.Year of rent commencement date, and as per the Rent Agreement dated Day of rent agreement date (clause 3).Month of rent agreement date (clause 3).Year of rent agreement date (clause 3), it was agreed between the parties that: "in case of non-payment of the monthly rent by the tenant to the owners for two months continuously, the owners shall have full right to get vacated the said demised premises from the tenant without giving any notice, and the tenant shall be bound to vacate the same without any delay".
4.That in the month of Month of partial rent payment, the defendant paid only ₹Amount of rent paid (₹)/- out of the fixed monthly rent of ₹Fixed monthly rent (₹)/-, and further failed to pay the electricity bill of ₹Electricity bill amount due (₹)/-.
5.That the defendant paid rent to the plaintiffs only till Month till which rent was paid.0X.Year of last rent payment. Thereafter, the plaintiffs requested the defendant on several occasions to pay the arrears of rent, but the defendant has failed to pay the rent to the plaintiffs till date. Further, the defendant has also failed to pay the water bill and the lift bill: the lift bill has remained unpaid since the month of Month of unpaid lift bill Year of unpaid lift bill, and the water bill has remained unpaid since the month of Month of unpaid water bill Year of unpaid water bill.
6.That on Day of notice letter date.0X.Year of notice letter date, the plaintiffs sent a letter/notice to the defendant demanding the arrears amounting to approximately ₹Arrears amount claimed in notice (₹)/- (Amount in words (notice claim)). A copy of the said letter, along with the speed post receipt, is annexed hereto as ANNEXURE C. In response, the defendant sent a frivolous reply dated Day of defendant's reply date.0X.Year of defendant's reply date, containing false statements with a view to evading payment, and the same is annexed hereto as ANNEXURE D.
7.That the total outstanding amount at present is ₹Total outstanding amount (₹)/-, the details whereof are as follows:
| S.No. | Particulars | Amount Due |
|---|
| 1. | Remaining rent for the period Start date of first rent period (day).0X.Year of first rent period start to End date of first rent period (day).0X.Year of first rent period end, plus the electricity bill for the same period | Amount for first rent period plus electricity (₹)/- |
| 2. | Rent for the period from Day of second rent period start.Month of second rent period start.Year of second rent period start to Day of second rent period end.0X.Year of second rent period end | Rent for second period (₹)/- |
| 3. | Rent for the period from Day of third rent period start.0X.Year of third rent period start to Day of third rent period end.0X.Year of third rent period end | Rent for third period (₹)/- |
| 4. | Rent for the period from Day of fourth rent period start.0X.Year of fourth rent period start to Day of fourth rent period end.0X.Year of fourth rent period end | Rent for fourth period (₹)/- |
| 5. | Water bill due on Due date of water bill (day).0X.Year of water bill due date | Water bill amount (₹)/- |
| 6. | Lift bill (one-third of the total bill) | Lift bill share amount (₹)/- |
| Total Amount | Total amount due (₹)/- |
8.That despite several requests, the defendant has failed to pay the outstanding amount due to the plaintiffs till date, and is wrongfully withholding the sum of ₹Total outstanding amount (₹)/- (Amount in words (outstanding)). The plaintiffs are entitled to recover the said outstanding amount together with interest at the rate of 18% per annum from the respective due dates until realisation.
9.That the defendant has committed a gross breach of trust and breach of contract with the plaintiffs, and the defendant's conduct demonstrates that the amount due to the plaintiffs is being withheld wrongfully and mala fide.
10.That it has come to the knowledge of the plaintiffs, through reliable sources, that the defendant had similarly failed to pay rent to the previous owners of the property in which he was inducted as a tenant, and that the defendant is in the habit of engaging in such conduct.
11.That the said intentional and wilful breach of contract by the defendant is mala fide and actuated by a guilty motive, and further amounts to criminal breach of trust, cheating and fraud upon the plaintiffs, as well as wrongful withholding and enjoyment of the amount payable to the plaintiffs, constituting serious criminal offences. The plaintiffs reserve their right to initiate appropriate criminal proceedings against the defendant.
12.That the defendant is liable to make the payment due to the plaintiffs, and despite demand, has failed to make such payment. The defendant is further liable to pay interest at the rate of 18% per annum from the respective due dates.
13.That the defendant is liable to pay the amount of ₹Amount claimed in suit (₹)/- (Amount in words (suit claim)), along with pendente lite and future interest, and is further liable to pay the costs and expenses of the present suit. The plaintiffs are entitled to receive the said amount, and are further entitled to such other and further relief as this Hon'ble Court may deem fit and proper.
14.That the Suit Property is situated at Description of suit property location Suit property jurisdiction description, and as such, this Hon'ble Court has the jurisdiction to try and entertain the present suit; further, the suit is within limitation.
15.That the cause of action first arose on Day of first cause of action date.Month of first cause of action date.Year of first cause of action date, when the defendant was given possession of the Suit Property as a tenant. It further arose on Day of rent agreement execution date (cause of action).Month of rent agreement execution date (cause of action).Year of rent agreement execution date (cause of action), when the rent agreement was executed between the plaintiffs and the defendant. The cause of action further arose when the defendant stopped making payment of rent. It further arose when the plaintiffs sent a letter/notice to the defendant on Day of notice letter date (cause of action).Month of notice letter date (cause of action).Year of notice letter date (cause of action), and further when the defendant sent a false and frivolous reply dated Day of defendant's reply date (cause of action).Month of defendant's reply date (cause of action).Year of defendant's reply date (cause of action). The cause of action further arose on each and every date when the bills in respect of the Suit Property, namely electricity, water and lift charges, were not paid by the defendant, and further arises whenever the plaintiffs demand from the defendant the arrears of rent and payment of the electricity, water and lift bills. The said cause of action is subsisting till date.
16.That the valuation of the suit has been assessed at Rs.Suit valuation (₹)/- (Valuation in words (part 1) Valuation in words (part 2)), on which the requisite court fee of Rs.Court fee amount (₹)/- has been affixed.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:
1.Pass a decree in favour of the plaintiffs and against the defendant for a sum of Rs.Decree amount (₹)/- (Decree amount in words), along with interest thereon at the rate of 18% per annum from the due date till realization.
2.Direct the defendant to vacate the Suit Property.
3.Pass a decree of permanent and mandatory injunction restraining the defendant, his agents, representatives and assignees, or any person claiming through or under him, from selling, alienating or transferring in any form the Suit Property, or from creating any third-party interest therein in favour of any person.
4.Grant any other or further relief in favour of the plaintiffs and against the defendant as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
Plaintiffs
Place: Delhi
Date
Through
COUNSEL
Counsel's name & ASSOCIATES
Office No. Counsel's office number
Mobile: Counsel's mobile number
VERIFICATION
Verified at Delhi on this Day of verification day of Month of verification, Year of verification, that the contents of paragraph no. True paragraph numbers in verification of the above suit are true and correct, and the contents of paragraph no. Information-based paragraph numbers in verification are true as per the information received and believed to be true. The last paragraph is the prayer before this Hon'ble Court.
….PLAINTIFFS
IN THE COURT OF THE HON'BLE SENIOR CIVIL JUDGE, KARKARDOOMA COURTS, DELHI
CASE NO. Case number OF Year
IN THE MATTER OF:
Plaintiffs' name (affidavit 1)….PLAINTIFFS
VERSUS
Defendants' name (affidavit 1).….DEFENDANTS
AFFIDAVIT
I, Plaintiff no.1's name (affidavit 1), S/O Plaintiff no.1's father's name (affidavit 1), R/O Plaintiff no.1's address (affidavit 1) Plaintiff no.1's address detail (affidavit 1), do hereby solemnly affirm and state as under:
1.That the deponent is plaintiff no.1 in the above-noted suit, is well conversant with the facts of the case, and is competent to swear the present affidavit.
2.That the contents of the above suit filed by the plaintiffs have been drafted by counsel under my instructions; the said contents have been read over to me in vernacular and duly understood, and they are correct. The said contents may be read as part and parcel of the present affidavit and have not been repeated herein for the sake of brevity.
3.That no other similar petition seeking the prayers made in the accompanying suit has been filed before any Hon'ble Court or before the Hon'ble Supreme Court of India.
DEPONENT
VERIFICATION
I, the above-named deponent, do hereby verify at Place of verification (affidavit 1) on this Day of verification (affidavit 1) day of Month of verification (affidavit 1), Year of verification (affidavit 1), that the facts stated in the above affidavit are true to my knowledge; no part of the same is false and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF THE HON'BLE SENIOR CIVIL JUDGE, KARKARDOOMA COURTS, DELHI
CASE NO. Case number OF Year
IN THE MATTER OF:
Plaintiffs' name (affidavit 2)….PLAINTIFFS
VERSUS
Defendants' name (affidavit 2).….DEFENDANTS
AFFIDAVIT
I, Plaintiff no.2's name (affidavit 2), W/O Plaintiff no.2's husband's name (affidavit 2), D/O Plaintiff no.2's father's name (affidavit 2), R/O Plaintiff no.2's address (affidavit 2) Plaintiff no.2's address detail (affidavit 2), do hereby solemnly affirm and state as under:
1.That the deponent is plaintiff no.2 in the above-noted suit, is well conversant with the facts of the case, and is competent to swear the present affidavit.
2.That the contents of the above suit filed by the plaintiffs have been drafted by counsel under my instructions; the said contents have been read over to me in vernacular and duly understood, and they are correct. The said contents may be read as part and parcel of the present affidavit and have not been repeated herein for the sake of brevity.
3.That no other similar petition seeking the prayers made in the accompanying suit has been filed before any Hon'ble Court or before the Hon'ble Supreme Court of India.
DEPONENT
VERIFICATION
I, the above-named deponent, do hereby verify at New Delhi on this Day of verification (affidavit 2) day of Month of verification (affidavit 2), Year of verification (affidavit 2), that the facts stated in the above affidavit are true to my knowledge; no part of the same is false and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF THE HON'BLE SENIOR CIVIL JUDGE, KARKARDOOMA COURTS, DELHI
CASE NO. Case number OF Year
IN THE MATTER OF:
Plaintiffs' name (application)….PLAINTIFFS
VERSUS
Defendant's name (application).….DEFENDANT
APPLICATION UNDER ORDER Order number under CPC RULES 1 AND 2 CPC ON BEHALF OF THE PLAINTIFFS
MOST RESPECTFULLY SHOWETH:
1.That the plaintiffs above-named have instituted a suit for permanent and mandatory injunction and recovery of rent against the defendant in respect of the suit property bearing no. Suit property number (application), and the said suit is pending adjudication before this Hon'ble Court.
2.That the various facts and circumstances leading to the institution of the suit have been set out in detail in the accompanying plaint; the contents of the plaint may kindly be read as part and parcel of the present application, as if the same had been specifically set out and enumerated herein as well.
3.That the defendant has no right or authority to create any third-party interest in the Suit Property in favour of any person.
4.That if the defendant succeeds in creating any third-party interest in the Suit Property, the plaintiffs will suffer an irreparable loss and injury which cannot subsequently be compensated in terms of money or otherwise.
5.That the plaintiffs have a prima facie good case in their favour and are bound to succeed in the main suit.
6.That the plaintiffs will suffer irreparable loss, harm and injury in case the interim orders as prayed hereunder are not granted.
7.That the balance of convenience lies heavily in favour of the plaintiffs and against the defendant.
PRAYER
In view of the above facts and circumstances, the plaintiffs most respectfully pray that this Hon'ble Court may be pleased to restrain:
(a)The defendant, his legal heirs, associates and representatives from creating any third-party interest in the Suit Property bearing no. Suit property number (prayer) during the pendency of the present suit.
(b)Any other or further relief which this Hon'ble Court may deem fit and proper may also be granted in favour of the plaintiffs and against the defendant, in the interest of justice.
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present suit and application in the terms prayed for.
PLAINTIFFS
DELHITHROUGH
DATED: -
COUNSEL FOR THE PLAINTIFFS
Counsel's name & ASSOCIATES
OFFICE NO. Counsel's office number,
MOB-Counsel's mobile number
IN THE COURT OF THE HON'BLE SENIOR CIVIL JUDGE, KARKARDOOMA COURTS, DELHI
CASE NO. Case number
IN THE MATTER OF: -
Plaintiffs' name (affidavit 3)….PLAINTIFFS
VERSUS
Defendant's name (affidavit 3)….DEFENDANT
AFFIDAVIT
I, Plaintiff no.1's name (affidavit 3), S/O Plaintiff no.1's father's name (affidavit 3), R/O Plaintiff no.1's address (affidavit 3) Plaintiff no.1's address detail (affidavit 1), do hereby solemnly affirm and state as under: -
1.That the deponent is plaintiff no.1 in the above-noted suit, is well conversant with the facts of the case, and is competent to swear the present affidavit.
2.That the contents of the accompanying application under Order Order number under CPC (affidavit 3) Rules 1 & 2 CPC have been drafted by my counsel under my instructions; the contents thereof have been read over to me in vernacular, which I have understood, and the same are correct. The said contents may be read as part and parcel of the present affidavit and are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:
I, the above-named deponent, do hereby verify at New Delhi on this Day of verification (affidavit 3) day of Month of verification (affidavit 3), Year of verification (affidavit 3) that the facts stated in the above affidavit are true to my knowledge, that no part of the same is false, and that nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF THE HON'BLE SENIOR CIVIL JUDGE, KARKARDOOMA COURTS, DELHI
CASE NO. Case number
IN THE MATTER OF: -
Plaintiffs' name (affidavit 4)….PLAINTIFFS
VERSUS
Defendants' name (affidavit 4)….DEFENDANTS
AFFIDAVIT
I, Plaintiff no.2's name (affidavit 4), W/O Plaintiff no.2's husband's name (affidavit 2), R/O Plaintiff no.2's address (affidavit 4), do hereby solemnly affirm and state as under: -
1.That the deponent is plaintiff no.2 in the above-noted suit, is well conversant with the facts of the case, and is competent to swear the present affidavit.
2.That the contents of the accompanying application under Order Order number under CPC (affidavit 4) Rules 1 & 2 CPC have been drafted by my counsel under my instructions; the contents thereof have been read over to me in vernacular, which I have understood, and the same are correct. The said contents may be read as part and parcel of the present affidavit and are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:
I, the above-named deponent, do hereby verify at New Delhi on this Day of verification (affidavit 4) day of Month of verification (affidavit 4), Year of verification (affidavit 4) that the facts stated in the above affidavit are true to my knowledge, that no part of the same is false, and that nothing material has been concealed therefrom.
DEPONENT