Suit for eviction, possession, mandatory injunction and recovery of rent and damages with supporting affidavits
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IN THE COURT OF LD. SENIOR CIVIL JUDGE, District name DISTRICT, Courts complex name COURTS, DELHI
C. SUIT No. Suit number OF 20Year of suit (final digit)
IN THE MATTER OF :-
SH. First plaintiff's name & ANR.: PLAINTIFFS
V E R S U S
SH. Defendant's name: DEFENDANT
I N D E X
| S.NO. | PARTICULARS | PAGES |
|---|---|---|
| 1. | MEMO OF PARTIES |
| 2. | SUIT FOR EVICTION, POSSESSION, MANDATORY INJUNCTION, RECOVERY OF RENT AND DUES ALONG WITH DAMAGES, PENDENTE LITE AND FUTURE INTEREST, ALONG WITH AFFIDAVIT |
| 3. | LIST OF DOCUMENTS WITH ANNEXURES |
| 4. | VAKALATNAMA |
DELHIPLAINTIFFS
THROUGH
DATED
ADVOCATES
IN THE COURT OF LD. SENIOR CIVIL JUDGE, District name DISTRICT, Courts complex name COURTS, DELHI
C. SUIT No. Suit number OF 20Year of suit (final digit)
IN THE MATTER OF :-
SH. First plaintiff's name & ANR.: PLAINTIFFS
V E R S U S
SH. Defendant's name: DEFENDANT
MEMO OF PARTIES
1. SH. First plaintiff's name
S/o Late Sh. First plaintiff's father's name
2. SMT. Second plaintiff's name
W/o Sh. Second plaintiff's husband's name
R/o Plaintiffs' address,
New Delhi-1100Plaintiffs' PIN code (last two digits).: PLAINTIFFS
VERSUS
SH. Defendant's name
S/o Sh. Defendant's father's name
R/o Defendant's address,
Delhi-1100Defendant's PIN code (last two digits).
Mob. No. Defendant's mobile number: DEFENDANT
DELHIPLAINTIFFS
THROUGH
DATED
ADVOCATES
IN THE COURT OF LD. SENIOR CIVIL JUDGE, District name DISTRICT, Courts complex name COURTS, DELHI
C. SUIT No. Suit number OF 20Year of suit (final digit)
IN THE MATTER OF :-
1. SH. First plaintiff's name
S/o Late Sh. First plaintiff's father's name
2. SMT. Second plaintiff's name
W/o Sh. Second plaintiff's husband's name
R/o Plaintiffs' address,
New Delhi-1100Plaintiffs' PIN code (last two digits).: PLAINTIFFS
VERSUS
SH. Defendant's name
S/o Sh. Defendant's father's name
R/o Defendant's address,
Delhi-1100Defendant's PIN code (last two digits).
Mob. No. Defendant's mobile number: DEFENDANT
SUIT FOR EVICTION, POSSESSION, MANDATORY INJUNCTION, RECOVERY OF RENT AND DUES ALONG WITH DAMAGES, PENDENTE LITE AND FUTURE INTEREST
MOST RESPECTFULLY SHOWETH:-
1.That the Plaintiffs are Senior Citizens and are the exclusive and absolute owners of the property/shop bearing No. Subject shop number, Delhi-1100Shop PIN code (last two digits), admeasuring Shop dimensions (hereinafter referred to as the "Subject Shop"). The site plan of the Subject Shop is annexed hereto, and the disputed tenanted portion is marked in red on the said site plan.
2.That the Defendant was inducted as a tenant in respect of the Subject Shop, and the Plaintiffs and the Defendant entered into a mutual agreement for letting out the Subject Shop to the Defendant at a monthly rent of Rs. Monthly rent amount/- for commercial use only, the said rent being payable on or before the 1st day of every month of the English calendar to the Plaintiffs, excluding electricity and other charges, which were mutually agreed to be paid by the Defendant.
3.That the Defendant was paying rent to the Plaintiffs, which rent was to be increased at the rate of @Rent increase percentage% after three years, as was mutually agreed by the Defendant, and the Defendant also agreed to pay the house tax and water and sewer charges annually on or before the 31st day of March of each year.
4.That the Defendant is obliged to pay a monthly rent of Rs. Monthly rent amount/- for the Subject Shop for the period from Month tenancy default began to Month up to which arrears calculated, totalling Arrears period in months months, which amounts to Rs. Rent arrears amount/- for the use and occupation of the Subject Shop, excluding electricity and other charges, which have also not been paid to the Plaintiffs till date. The Defendant has failed to pay the rent in respect of the Subject Shop w.e.f. Month tenancy default began, at the rate of Rs. Monthly rent amount/- per month, despite repeated requests and approaches made by the Plaintiffs from time to time.
5.That the Defendant is also liable to pay the property tax and water tax of Rs. Annual property tax amount/- and Rs. Annual water tax amount/- per annum, respectively, for the Subject Shop from Month from which tax liability began till 31st March, Year up to which tax liability runs, totalling Rs. Total property and water tax amount/- (Rupees Total tax amount in words Only).
6.That the Defendant was liable to pay the rent to the Plaintiffs regularly on a month-to-month basis, but the Defendant has failed to pay the rent since Month tenancy default began till date. The Defendant has thus failed to abide by this basic condition of the tenancy, which reveals his malafide intention to cheat and grab the Subject Shop of a senior citizen couple such as the Plaintiffs herein.
7.That the Defendant has been highly irregular and is a habitual defaulter in making the rent payments in respect of the Subject Shop. The Defendant has neither paid the arrears of rent for the last Arrears period in months months, nor the property tax and water/sewer tax for the last Tax default period in months months, totalling Rs. Rent arrears amount/- towards rent and Rs. Total property and water tax amount/- towards property tax and water/sewer tax.
8.That the Plaintiffs served a legal notice upon the Defendant on Date of first legal notice via WhatsApp at his mobile number Defendant's mobile number. The Defendant requested the Plaintiffs not to take any action and undertook to clear all previous dues within Period allowed by Defendant's undertaking (months) months.
9.That Plaintiff No. 1, who is a senior citizen, visited the rented shop, i.e., the Subject Shop, and found another person, namely Name of person found operating the shop, operating the said shop. The said person informed Plaintiff No. 1 that the Defendant had sub-let the Subject Shop to him at a monthly rent of Rs. Sub-let monthly rent amount/-. When Plaintiff No. 1 enquired about the matter with the Defendant, the Defendant arrived shortly thereafter. Upon being questioned regarding the rent dues and the sub-letting of the premises without prior permission and information to the Plaintiffs, the Defendant misbehaved with Plaintiff No. 1 by using filthy language and threatened him with dire consequences. The aforesaid conduct of the Defendant clearly establishes his intention to cheat the Plaintiffs and to grab the Subject Shop.
10.That the Defendant has breached the mutual agreement with the Plaintiffs and has violated the trust reposed in him. The Plaintiffs have lodged a criminal complaint against the Defendant for misbehaviour, cheating and breach of trust at the local police station.
11.That the Defendant having failed to pay the rent and having defaulted in making payment thereof, and having breached the mutual agreement, the Plaintiffs, through a legal notice dated Date of tenancy termination legal notice, terminated the tenancy of the Defendant permanently and requested him to clear the entire arrears of rent from Month tenancy default began onwards, along with the water/sewer tax and property tax in respect of the Subject Shop, within Days allowed to clear dues in termination notice days from the receipt of the notice, but the Defendant failed to pay any heed to the same despite receipt of the notice.
12.That the Defendant is most irregular and is a habitual defaulter in making payment of rent, and the Defendant has neither paid nor tendered the entire arrears of rent to the Plaintiffs for the last Arrears period in months months, which amounts to Rs. Rent arrears amount/- (Rupees Rent arrears amount in words Only).
13.That despite repeated reminders from the Plaintiffs, the Defendant has still not paid the rent, thereby committing a wilful and conscious breach of the tenancy by sub-letting the Subject Shop without the permission of the Plaintiffs, and has still not vacated the premises despite the termination of the tenancy, thereby continuing to remain in the Subject Shop / demised premises in an unauthorised manner. The tenancy of the Defendant is now per se illegal, and the Defendant is under an obligation to pay damages of Rs. Damages amount/- to the Plaintiffs w.e.f. Month tenancy default began till the date of vacating the said demised premises.
14.That in view of the conduct of the Defendant, his tenancy has been terminated w.e.f. Month from which tenancy stands terminated in terms of Section 106 of the Transfer of Property Act.
15.That the Defendant has not vacated the Subject Shop, i.e., the tenanted premises herein, and has let it out to one Name of sub-tenant @ Rs. Sub-let monthly rent amount/- per month, and has himself started operating from some other business place. This not only reveals the malafide intention on his part but also establishes that the Subject Shop is being kept under his illegal control and possession under the garb of extorting money from the Plaintiffs in order to vacate the same.
16.That the Plaintiffs are in need of the subject Shop for their own use and occupation, and for the use and occupation of their family members dependent upon them. The Plaintiffs were constrained to call upon the Defendant, so as to avoid any confrontation, to hand over actual physical possession of the subject Shop to the Plaintiffs at the earliest.
17.That the Plaintiffs have, till date, requested the Defendant on numerous occasions to vacate the subject Shop and hand over its vacant possession to the Plaintiffs; however, the Defendant has failed to vacate the subject Shop. It is pertinent to mention that the Defendant has also started threatening the Plaintiffs, boasting of his high-end connections.
18.That the Plaintiffs, despite repeatedly calling upon the Defendant to vacate the subject Shop and attempting to meet the Defendant on numerous occasions to request him to vacate, have seen all their efforts go in vain, as the Defendant has failed to vacate the subject Shop. Hence, having no other alternative, the Plaintiffs have filed the captioned suit seeking eviction of the Defendant from the subject Shop, along with recovery of the due and payable rent, mesne profits/damages and other reliefs.
19.That it is pertinent to mention that the Defendant is a tenant at sufferance, being a person who is wrongfully continuing in possession of the subject Shop after the extinction of his lawful title.
20.That, in addition to the Defendant's failure to vacate the subject Shop, the Defendant has failed to honour his obligations qua payment of the due taxes/charges and the monthly rent payable. Further, as and when the Plaintiffs requested the Defendant to pay the due and payable monthly rent, the Defendant chose to put forth one pretext or another in order to delay payment. The Defendant also resorted to numerous unlawful acts in order to avoid or delay payment of the monthly rent due and payable to the Plaintiffs. Throughout the Defendant's stay/possession of the subject Shop, the Defendant has caused colossal loss and harassment to the Plaintiffs, for which the Defendant is solely liable.
21.That, in addition to vacating the subject Shop, the Defendant is liable to pay the outstanding rent liability, qua the use of the said Property by the Defendant, amounting to Outstanding rent amount in figures (hereinafter referred to as the "Outstanding Rent"). The said amount pertains to the outstanding rental amount due and payable by the Defendant qua the tenure of his stay in the subject Property.
22.That furthermore, the Defendant, in addition to the Outstanding Rent, is also liable to pay the Plaintiffs an additional amount of Damages amount as damages and compensation, being the usage charges (hereinafter referred to as "Damages"), resulting from the Defendant's failure to vacate the subject Shop, and the said amount shall continue to increase till the date of vacation of the subject Shop by the Defendant. The details of the computation of the amount of Damages amount as damages and compensation are as follows:
-An amount equivalent to the monthly rent for the period from Month from which damages are computed till date @ Monthly rent amount per month p.m. = Outstanding rent amount in figures (Rupees Outstanding rent amount in words only)
-An amount required to pay the property tax and water tax of Property tax per annum and Water tax per annum per annum, respectively, from Tax period start date till Tax period end date = Total property and water tax amount (Rupees Total tax amount in words only)
-An additional amount of Damages amount as damages and compensation, being the usage charges of the subject Shop.
23.That further, in addition to the payment of the Outstanding Rent (and the Damages in lieu of the failure to vacate the subject Property), the Defendant has failed to fulfil his obligation qua payment of the due and payable electricity charges, water charges and other miscellaneous expenses on account of consumption/usage charges qua the subject Shop, payable directly to the concerned authorities. As per the knowledge of the Plaintiffs, the arrears of water and electricity charges (as being payable till date) are increasing regularly in lieu of the regular usage/consumption by the Defendant. Therefore, the Defendant has failed to fulfil his obligation qua the electricity and water charges payable, which the Defendant has deliberately failed to pay and continues to avoid paying.
24.That the Plaintiffs have filed the captioned suit against the Defendant seeking eviction of the Defendant from the subject Property by efflux of time, along with payment of the Outstanding Rent and Damages. The Defendant has deliberately and with malafide intentions failed to hand over peaceful and vacant possession of the subject Shop to the Plaintiffs; further, the Defendant has deliberately defaulted in payment of the monthly rent and usage charges.
25.That it is a well-settled proposition of law that when the term of a lease has expired by efflux of time, there is no need for the landlord to determine the lease by serving a quit notice (as stated by the Delhi High Court in Usha Rani Jain v. Nirulas Corner House Private Limited, ILR(2005) II Delhi 349, and in Inmacs Limited vs. Prema Sinha, 13 (2008) DLT 311 (DB), and further reiterated in Ashok Chopra vs. Syndicate Bank, 169 (2010) DLT 361); however, despite the same, the Plaintiffs had requested the Defendant to vacate and granted him a time period of Notice period granted to vacate in days days to vacate the subject Shop, but to no success.
26.That the Plaintiffs have no other option available in the present circumstances except to file the present suit for eviction; hence, this suit seeking eviction of the Defendant from the subject Shop, along with payment of the Outstanding Rent and Damages to the Plaintiffs. The acts of the Defendant are illegal, unlawful, unconstitutional and against the principles of natural justice.
27.That the Defendant is in arrears of rent amounting to Outstanding rent amount in figures for the period from Month from which rent arrears accrued till Month till which rent arrears computed, qua which the present eviction is sought, along with a claim for eviction of the Defendant from the subject Shop and payment of the Outstanding Rent and Damages to the Plaintiffs by the Defendant.
28.That, without prejudice to the additional rights and contentions of the Plaintiffs against the Defendant, including but not limited to filing of appropriate civil and criminal cases against the Defendant, the Defendant is liable to:
i.Vacate the subject Shop and hand over vacant possession to the Plaintiffs, in the same manner and condition as the suit Shop was rented out to him, with immediate effect;
ii.Pay arrears of Outstanding Rent amounting to Outstanding rent amount in figures to the Plaintiffs qua the possession of the subject Shop, along with interest @Interest rate (% p.a.) p.a.;
iii.Pay an amount of Damages amount as damages qua the mental agony and harassment caused to the Plaintiffs, resulting from the nefarious and malafide acts of the Defendant;
iv.Pay an amount of Damages amount as damages and compensation resulting from the failure of the Defendant to vacate the said Property, and the said amount shall stand additionally increased till the date of his vacation of the subject Property; and
v.Pay/clear the total due and payable electricity, water and house tax charges by the Defendant (till date), in addition to the additional pending amounts till the date of vacation of the subject Shop by the Defendant.
29.That the cause of action arose at Locality where property is situated, Delhi, which falls within the district of District where property is situated, Delhi, where the said property is situated and which falls within the jurisdiction of this Hon'ble Court. This Hon'ble Court has jurisdiction to try and decide the present suit.
30.That the cause of action first arose in Month from which rent arrears accrued when the Defendant stopped paying rent to the Plaintiffs, which default continues till date. The cause of action further arose on Date of first legal notice when the Plaintiffs sent a legal notice to the Defendant to clear the arrears of rent or vacate the subject Shop, in response to which the Defendant requested the Plaintiffs not to take any action and undertook to clear all previous dues within six months, but the Defendant failed to clear the arrears of rent, resulting in the termination of the tenancy over the subject property. The cause of action further arose when the Plaintiffs visited the subject Shop and found that the Defendant had sublet the subject Shop to Name of alleged subtenant, in breach of the trust and mutual agreement between the Plaintiffs and the Defendant. The cause of action further arose on Date of tenancy termination notice when the Plaintiffs issued a legal notice to the Defendant terminating his tenancy and directing him to clear the outstanding arrears of rent within Notice period granted to vacate in days days from receipt of the notice. The cause of action further arose when the Defendant continued to occupy the subject Shop in an illegal manner and became an illegal occupant of the subject Shop. The cause of action further arose when the Plaintiffs lodged a police complaint against the Defendant for misbehaviour, cheating and breach of trust at Name of police station where complaint lodged police station. The Plaintiffs, even after sending the notice to the Defendant, attempted to meet the Defendant on numerous occasions to request him to vacate the subject Shop; however, all attempts of the Plaintiffs have gone in vain, as the Defendant has failed to vacate the subject Shop. Hence, the cause of action is a continuing one.
31.That the Subject Shop, of which the Plaintiffs are the owners, is situated within the local limits of the jurisdiction of this Hon'ble Court. The entire cause of action has arisen in favour of the Plaintiffs and against the Defendant at the Subject Shop at Suit property locality, Delhi, within the jurisdiction of this Hon'ble Court. Hence, this Hon'ble Court has jurisdiction to entertain and try the present suit.
32.That the value of the suit for the purposes of court fees and jurisdiction is calculated as hereunder:
Accordingly, the suit is valued for the purposes of Court Fees and jurisdiction at Rs. Total suit valuation (₹)/-, and the requisite court fee of Rs. Court fee for possession relief (₹)/- is affixed thereon. The valuation for the purposes of determining —
a.The relief of recovery of possession of the Subject Shop is valued at Rs. 200/-, and the requisite court fee of INR 20/- is affixed thereon;
b.The relief of recovery of arrears of rent amounting to Rs. Rent arrears amount/- (@ Rs. Monthly rent amount per month/- per month from Rent arrears start month till Rent arrears end month), along with interest @ Interest rate (% p.a.)% p.a., is valued accordingly, and the requisite court fee of INR Court fee for rent arrears relief (₹)/- is affixed thereon;
c.The relief of recovery of dues towards property tax and water tax at Rs. Annual property tax (₹)/- and Rs. Annual water tax (₹)/- per annum respectively, from Taxes dues period start till Taxes dues period end, totalling Rs. Total taxes dues (₹)/- in respect of the subject property, is valued accordingly, and the requisite court fee of INR Court fee for taxes/dues relief (₹)/- is affixed thereon;
d.The relief of mandatory injunction against the Defendant and in favour of the Plaintiffs, directing the Defendant to make payment of the entire electricity, water/sewer charges and property tax till the date of vacation of the Subject Shop, is valued at Rs. 200/-, and the requisite court fee of INR 20/- is affixed thereon;
e.The relief of recovery of an additional amount of Rs. Damages amount/- as damages and compensation, along with interest @ Interest rate (% p.a.)% p.a., is valued accordingly, and the requisite court fee of INR Court fee for damages relief (₹)/- is affixed thereon.
f.The remaining court fee is tentatively assessed towards the relief of damages/mesne profits as may be finally awarded, as well as towards additional reliefs, and the requisite court fee is accordingly paid herewith. The Plaintiffs undertake to pay further court fee on the amount of damages/mesne profits awarded by this Hon'ble Court, in accordance with the provisions of Order 20 Rule 12 CPC, as and when required.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:
a)Pass a decree of eviction and possession of the suit property/Subject Shop bearing Subject shop number, Delhi-Suit property PIN code, admeasuring Suit property dimensions, in favour of the Plaintiffs and against the Defendant;
b)Pass a decree directing the Defendant to pay arrears of rent amounting to INR Rent arrears amount/-, being the monthly rent due from Rent arrears start month till Rent arrears end month, along with interest @ Interest rate (% p.a.)% p.a. till the date of payment, together with pendente lite interest;
c)Pass a decree directing the Defendant to pay an additional amount of Rs. Damages amount/- as damages and compensation, such amount to continue to increase till the date of vacation of the Subject Shop; and
d)Pass a decree of mandatory injunction against the Defendant, directing the Defendant to make payment of the entire electricity, water/sewer charges and property tax till the date of vacation of the Subject Shop;
e)Pass a decree directing the Defendant to pay the costs of the present suit to the Plaintiffs, and award damages and mesne profits in favour of the Plaintiffs and against the Defendant (to be calculated from Mesne profits start month till the date of vacation of the Subject Shop); and
f)Pass any other order or grant any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the Plaintiffs and against the Defendant.
DELHIPLAINTIFFS
THROUGH
DATED
ADVOCATE
VERIFICATION
Verified at New Delhi on this Date of verification of plaint day of Verification month and year that the contents of Paragraph Nos. 1 to …… of the Plaint above are true and correct to my knowledge, the same having been verified on the basis of legal advice received and believed to be true. Nothing is false and nothing material has been concealed therefrom. The last paragraph is the prayer to this Hon'ble Court.
PLAINTIFFS
IN THE COURT OF LD. SENIOR CIVIL JUDGE, District name DISTRICT, Courts complex name COURTS, DELHI.
C. SUIT No. Suit number OF 20Year of suit (final digit).
IN THE MATTER OF:
SH. First plaintiff's name & ANR.: PLAINTIFFS
V E R S U S
SH. Defendant's name: DEFENDANT
AFFIDAVIT
Affidavit of Sh. First plaintiff's name, aged about First plaintiff's age years, S/o Late Sh. First plaintiff's father's name, R/o Plaintiffs' address, New Delhi-Plaintiffs' PIN code (last two digits), do hereby solemnly affirm and declare as under:
1.That I am Plaintiff No. 1 in the captioned suit and am well conversant with the facts and circumstances of the case, and competent to depose hereunder.
2.I say that the accompanying plaint/suit has been drafted under my instructions. I have perused the same and say that the contents thereof, except the legal averments made therein, are true and correct to my knowledge. The legal advice received and believed by me is true and correct.
3.I say that the contents of the accompanying suit/plaint be read as part and parcel of this affidavit, as the same are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at New Delhi on this Date of verification of first plaintiff's affidavit day of Verification month and year that the contents of the paragraphs of my above affidavit are true and correct. No part of it is false and nothing material has been kept concealed therefrom.
DEPONENT
IN THE COURT OF LD. SENIOR CIVIL JUDGE, District name DISTRICT, Courts complex name COURTS, DELHI.
C. SUIT No. Suit number OF 20Year of suit (final digit).
IN THE MATTER OF:
SH. First plaintiff's name & ANR.: PLAINTIFFS
V E R S U S
SH. Defendant's name: DEFENDANT
AFFIDAVIT
Affidavit of Smt. Second plaintiff's name, aged about Second plaintiff's age years, W/o Sh. Second plaintiff's husband's name, R/o Plaintiffs' address, New Delhi-1100Plaintiffs' PIN code (last two digits), do hereby solemnly affirm and declare as under:
1.That I am Plaintiff No. 2 in the captioned suit and am well conversant with the facts and circumstances of the case, and competent to depose hereunder.
2.I say that the accompanying plaint/suit has been drafted under my instructions. I have perused the same and say that the contents thereof, except the legal averments made therein, are true and correct to my knowledge. The legal advice received and believed by me is true and correct.
3.I say that the contents of the accompanying suit/plaint be read as part and parcel of this affidavit, as the same are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at New Delhi on this Date of verification of second plaintiff's affidavit day of Verification month and year that the contents of the paragraphs of my above affidavit are true and correct. No part of it is false and nothing material has been kept concealed therefrom.
DEPONENT