IN THE COURT OF DISTRICT AND SESSION JUDGE, DISTRICT NORTH ROHINI COURT, DELHI.

CIVIL SUIT NO. _______ OF 20**.

IN THE MATTER OF:

XXXXX                                                                 ….PLAINTIFF

VERSUS

XXXXX                                                                ….DEFENDANT

EVIDENCE BY WAY OF AFFIDAVIT OF THE PLAINTIFF (PW1)

Affidavit of Mr. Brij Grover, aged about ___ years, Power of Attorney Holder of XXXXX, S/o XXXXX R/o XXXXX, do hereby solemnly affirm and declare as under:-

1.              That I am the Attorney Holder / Husband of the Plaintiff in the present case and as such I am conversant with the facts and circumstances of the case and competent to swear this Affidavit.

2.              I say that the Deponent is a senior citizen and is the absolute, rightful and legal owner of property bearing House No. XXXXX, area 160 sq. yds (hereinafter referred to as the “tenanted premises”). The present suit on behalf of the Deponent is being signed, verified, and filed by Sh. Brij Grover who is authorized vide General Power of Attorney dated 13.07.2021.The Power of Attorney Holder is duly authorized, well-versed and competent to institute the captioned case against the Defendant. General Power Of Attorney is Ex.PW1/1.

3.              I further say that Deponent has filed the captioned suit against Defendant seeking eviction of Defendant from the Subject Property. That the true and unaltered facts of the case are as follows:

4.              I further say that vide Rent Agreement dated 28.10.2021, Deponent had let out the tenanted premises to Defendant at a monthly rent of Rs. XXXXX/- (Rupees in words Only) exclusive of electricity and water charges that had to be paid as per the consumption done by the Defendant. The tenancy was formed for residential purpose only for a period of 11 months with effect from 10.10.2021 to 09.09.2022 alongwith other terms and conditions of the rent agreement dated 28.10.2021 including the termination of the tenancy by giving one month’s advance notice in writing to either of the parties. Copy of the Rent agreement dated 28^th October 20** is Ex.PW1/2.

5.              I further say that in July 2022, it came to the knowledge of the Deponent that the Defendant has sublet the tenanted premises in contravention to and violation of the written terms and conditions of the above-stated rent agreement and is using the tenanted premises as a Paying Guest facility (hereinafter referred as PG) behind the back of the Deponent. It is pertinent to mention herein that as per clause4 and 8 of the rent agreement dated 28.10.2021, the Defendant has no right to sublet, assign the premises to any third party under any circumstance without the consent of the Deponent.

6.              I further say that on 08.07.2022, the Deponent had served a notice for vacation of the tenanted premises upon the Defendant through Whatsapp on the registered Mobile Number of the Defendant i.e. +91 XXXXX due to non-use of the tenanted premises for residential purposes as well as non-payment of the electricity, water charges and monthly rent amount within the prescribed time. It is further submitted that the Defendant has always been a habitual defaulter in making the payment of the monthly rent of the tenanted premises and even used to make payments of the monthly rent by way of part payments. Copy of Screenshot of Whatsapp Chat dated 08.07.2022 substantiating such conduct of the Defendant is Ex.PW1/3.

7.              I further say that on 22.07. 2022, the Defendant acknowledged the message sent by the Deponent by way of replying that an advance notice of 1 month had to be given as per the terms and conditions of the rent agreement dated 28.10.2021 for vacation of the tenanted premises hereby implying that the Defendant will vacate the premises before 08.08.2022. Copy of Screenshot of Whatsapp Chat between dated 22.07.2022 is Ex.PW1/4.

8.              I further say that on 08.08.2022, when Deponent visited the tenanted premises, and was shocked to see that the Defendant was not available at the tenanted premises and the students of the P.G were still living there and further the Deponent had peacefully informed them that a notice for vacation has already been served upon the Defendant to evict the tenanted premises. Instead of vacating the tenanted premises, the Defendant had directed the students to call the police in pursuance to which the Deponent had to explain the police that since the Defendant was not vacating the tenanted premises even after expiry of notice period, therefore the Deponent was himself informing/requesting the students to vacate the tenanted premises.

9.              I further say that since the Defendant was not present at the tenanted premises on 08.08.2022,the Defendant had assured the Deponent that he will meet him on next day i.e. 09.08.2022. It is submitted that even after such assurances, the Defendant started avoiding the Deponent and even stopped paying the monthly rent of the tenanted premises. After inordinate delay and repeated requests, Deponent again requested the Defendant to vacate the tenanted premises and clear the outstanding amount of rent for the month of August 2022. Instead of paying the same, the Defendant had instead asked the Deponent to adjust the outstanding amount against the security deposit of Rs. XXXX/- (Rupees in words Only) and had not given any clear reply with regard to the specific date of the vacation of the tenanted premises.

10.           I further say that in pursuance to this, the Defendant had instead of vacating the tenanted premises and with malafide intentions has filed a false and frivolous case bearing No. CS SCJ XXX/20**, titled as XXXX vs. XXXX before the Hon’ble Court of XXXX, Ld. SCJ; North District; Rohini Court, seeking permanent and mandatory injunction restraining the Deponent from evicting the Defendant from the tenanted premises. It is further submitted that the Defendant has filed this fictitious suit only to counterblast the legal and lawful filed vacation notice served upon the Defendant by the Deponent through Whatsapp on 08.07.2022. It is further submitted that the Defendant has filed this fictitious suit only to harass the Deponent s and to delay the eviction process. Copy of the pleadings filed in the suit bearing No. CS SCJ XXX/20** titled as XXXX vs XXXX before the Hon’ble Court of XXXX, Ld. SCJ; North District; Rohini Court, Delhi, are Ex.PW1/5(colly).

11.           I further say that since the Defendant had intentionally violated the terms and conditions of the rent agreement dated 28.10.2021 which has also been expired and the Defendant has been deliberately putting the tenanted premises to misuse by commercially exploiting the same despite having the knowledge about the nature of the tenanted premises as well as the rent agreement dated 28.10.2021 entered into between the parties, the Deponent through his counsel had again sent a legal eviction notice dated 01^st October 2022 through speed post and Whatsapp to the Defendant requesting him to vacate the tenanted premises and to deliver the peaceful possession of the same alongwith payment of arrears of bills and rent to the Deponent. Copy of the Legal Eviction Notice dated 01^st October 2022 issued by the Deponent to the Defendant for vacating the aforesaid premises is Ex.PW1/6.

12.           I further say that the Defendant had given no reply to the above said legal notice dated 01.10.2022 and further on 17.10.2022 the electricity supply of the tenanted premises was also discontinued by the electricity department (“TTDPL”) due of non-payment of pending charges in the specified period by the Defendant. Further and in addition to the above-stated illegal activities of the Defendant, it also came to the knowledge of the Deponent that the illegal activities of the Defendant had reached to such an extent that he has started illegally using the electricity in the tenanted premises by taking connection from neighbor’s meter. In pursuance to this, the Deponent through his counsel had again sent a legal notice dated 21.10.2022 to the Defendant informing the Defendant that if he is misusing the property by way of resorting to illegal means, then he will be liable for the consequences and he shall be fully responsible to indemnify the Deponent with all the costs and expenses thereupon. Even after serving of the Legal Notice dated 21.10.2022, the Defendant has been still involved in such illegal activities with no regard to the settled laws of the land. It is submitted that the said legal notice was sent to the Defendant through Whatsapp as well as speed post. It is submitted that the legal notice sent through speed post has been returned with remarks that no such person is available on such address. This clearly shows the malafide conduct of the Defendant. Copy of the Legal Notice dated 21.10.2022 issued by the Deponent to the Defendant Ex.PW1/7. 

13.           I further say that in these circumstances, since the tenancy of the Defendant has already expired on 08.08.2022 after serving a 1 month advance notice for vacation of the tenanted premises dated 08.07.2022, the occupation by the Defendant of the tenanted premises is illegal, unauthorized and the Defendant has no right to continue to occupy the tenanted premises and the Defendant can be said as tenant at sufferance. It is further submitted that the Deponent is entitled to possession of the tenanted premises forthwith.

14.           I further say that since the Defendant has failed to hand over the vacant possession of the tenanted premises by 08.08.2022 after the termination of tenancy by serving of the 1 month advance notice for vacation dated 08.07.2022, the Defendant is not only bound to deliver the vacant and peaceful possession of the tenanted premises to the Deponent immediately and forthwith but is also liable to pay the damages for unauthorized use and occupation of the said premises w.e.f. the midnight between 08.08.2022 and 09.08.2022 at the rate of Rs. 500 per day besides the agreed rate of monthly rent. The Defendant is liable to pay the damages at the rate mentioned above to the Deponent till the time of the vacant and peaceful possession of the tenanted premises is handed over to the Deponent.

15.           I further say that the amount of the damages as mentioned above in the preceding paragraph has been calculated by the Deponent on the basis of the prevalent market rate of rent in the area for similarly situated premises and as such the Defendant is bound/liable to make the payment of damages at the rate of Rs. XXX/- (Rupees in words Only) per month from the Defendant besides the payment of the electricity and water charges till the date of vacation the tenanted premises and handing over its possession to the Deponent. Copy of Electricity Bill is Ex.PW1/8.

16.           I hereby state that whatever is stated hereinabove is true to the best of my knowledge.

DEPONENT

VERIFICATION:-

Verified at Delhi on ___ day of June, 2023 that the contents of paras 1 to 16 of my above evidence affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed there from.

DEPONENT