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IN THE COURT OF LD. SENIOR
CIVIL JUDGE; XXXXX DISTRICT; XXXXXXXX COURTS, DELHI.
IN THE
MATTER OF :-
SH. XXXXXXX &
ANR. : PLAINTIFFS
V E R S U S
SH.
XXXXXXXXXXXX : 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 ALONGWITH DAMAGES, PENDELITE AND FUTURE INTEREST, ALONG WITH AFFIDAVIT.
3. LIST OF DOCUMENTS WITH ANNEXURES.
4. VAKALTNAMA.
-------------------------------------------------------------------------------------
DELHI PLAINTIFFS
THROUGH
DATED
ADVOCATES
IN THE COURT OF LD. SENIOR
CIVIL JUDGE; XXXXX DISTRICT; XXXXXXXX COURTS, DELHI.
IN THE
MATTER OF :-
SH. XXXXXXXXX
& ANR. : PLAINTIFFS
V E R S U S
SH.XXXXXXXXXXX :
DEFENDANT
MEMO OF PARTIES
1. SH. XXXXXXXXXXXX
S/o Late Sh. ……………
2. SMT. XXXXXXXXXXXX
W/o Sh. __________________
R/o _______________________,
New
Delhi-1100__. :
PLAINTIFFS
SH. XXXXXXXXXX
S/o Sh. _________________
R/o_____________________,
Delhi-1100__.
Mob. No._________________ : DEFENDANT
-------------------------------------------------------------------------------------
DELHI PLAINTIFFS
THROUGH
DATED
ADVOCATES
IN THE COURT OF LD. SENIOR
CIVIL JUDGE; XXXXX DISTRICT; XXXXXXXX COURTS, DELHI.
IN THE
MATTER OF :-
1. SH. XXXXXXXXXXXX
S/o Late Sh. ……………
2. SMT. XXXXXXXXXXXX
W/o Sh. __________________
R/o _______________________,
New
Delhi-1100__. :
PLAINTIFFS
SH. XXXXXXXXXX
S/o Sh. _________________
R/o_____________________,
Delhi-1100__.
Mob.
No._________________ :
DEFENDANT
SUIT FOR EVICTION, POSSESSION,
MANDATORY INJUNCTION, RECOVERY OF RENT AND DUES ALONGWITH DAMAGES, PENDELITE
AND FUTURE INTEREST.
MOST RESPECTFULLY SHOWETH:-
1.
That the Plaintiffs are Senior Citizens and the exclusive and absolute owners of the Property/Shop
bearing No._____________________________, Delhi-1100__ ad-measuring 8x10 (hereinafter
to be called as the ‘Subject Shop’). Site Plan is annexed to the Subject Shop and
disputed tenanted portion mark as Red in the site plan.
2.
That the Defendant was inducted
as a tenant in respect of the subject Shop and the Plaintiffs and Defendant entered
into the mutual agreement for rented out the subject Shop to the Defendant at a
monthly rent of Rs.1500/- for commercial use only and pay the rent on or before
to 1st day of every English calendar of month to the Plaintiff excluding
electricity and other charges which were mutually agreed to pay by the
Defendant.
3.
The Defendant was paying rent to the Plaintiffs which was
increased by @10% after three years as mutually agreed by the Defendant and
also agreed to pay house tax and water sewer charges annually on every 31st
March of the year.
4.
That the Defendant is obliged to pay a monthly rent of
Rs.1500/- for the subject Shop for the period from December, 2021 to June, 2024
totaling 31 months which amounts to Rs.46,500/- for the use and occupation of
the subject Shop excluding electricity and other charges which was also not paid
to the Plaintiffs till date. The Defendant has failed to pay the rent in
respect of the subject Shop w.e.f. December, 2021, at the rate of Rs.1500/- per
month despite of 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.2700/- and Rs.500/- per annum, respectively, for the subject Shop
from April, 2021 till 31st March, 2024 totaling to Rs.6400/- (Rupees
Six Thousand and Four Hundred Only).
6.
That the
Defendant is liable to pay the rent to the Plaintiff regularly on month to month basis,
but the Defendant was failed to pay the rent since December, 2021 till date,
the Defendant has failed to abide this basic condition of the tenancy which
shows his malafide intention to cheat and grab the subject Shop of the old age
couple like Senior Citizen (Plaintiffs herein).
7.
That the Defendant has been highly irregular and a habitual
defaulter in making the rent payments of the subject Shop. The Defendant has
not been paid the arrears of rent for the last 31 months, nor the property tax
and water/sewer tax for the last three years and eight months, totaling Rs. 46,500/-
for the rent and Rs. 6400/- for the property tax and water/sewer tax.
8.
That the Plaintiffs had served the Defendant a legal notice
on 27.01.2023 via WhatsApp to his mobile number +919811243392. The Defendant requested
the Plaintiffs not to take any action and undertook to clear all previous dues
within six months.
9.
That the Plaintiff no.1, who is a senior citizen, visited the
rented shop i.e. subject Shop and where found another person namely XXXXX who
operating the said shop. He informed that the Defendant had sub-let the subject
Shop to him for the monthly rent of Rs.15,000/-. When the Plaintiff no.1 asked
about the same to the Defendant, he arrived shortly after. Upon inquiring about
the rent dues and subletting the premises without prior permission and information
to the Plaintiffs, the Defendant misbehaved by using filthy language and
threatened to the Plaintiff for dire consequences. Due to this aforesaid act which
clear the intention of the Defendant to cheat the Plaintiffs and grab the
subject Shop.
10.
That the Defendant has breached the mutual agreement with the
Plaintiffs and violated the trust placed in him. The Plaintiffs have lodged a
criminal complaint against the Defendant for misbehavior, cheating, and breach
of trust at the local police station.
11.
That the Defendant failed to pay the rent and defaulted in
making the rent and breached the mutual agreement, the Plaintiff through the legal
notice dated 12.06.2024 terminated tenancy of the Defendant permanently requested
to clear the entire arrears of rent since from December, 2021 along with
water/sewer tax, and property tax for the subject Shop within 15 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 habitual defaulter
in making the payment of rent and the Defendant has neither paid nor tendered
the entire arrears of rent of the Plaintiffs from last 31 months which
amounting to Rs.46,500/- (Rupees Forty Six Thousand and Five Hundred Only).
13.
That despite repeated reminders of the plaintiffs, the defendant
has still not paid the rents thereby committing willful and by subletting the
subject shop without permission to the Plaintiffs conscious breach and still
not vacated the premises despite termination of the tenancy, thereby rendering their
stay in the subject Shop / demised premises, in an unauthorized manner and now
the tenancy is per se illegal and the Defendant is under an obligation to pay a
damages of Rs.50,000/-
to the plaintiff w.e.f. December, 2021 till the date of vacation of the said
demised premises.
14.
That in view of the Defendant conduct, his tenancy has been
terminated w.e.f. from June, 2024 in terms of Section 106 of the Transfer of
Property Act.
15.
The Defendant has not vacated the subject Shop that is the
tenanted premises herein and have letting out to some XXXXX @15000/- per month
and started from the other business place which not only shows malafide
intention on his part but also it put interference to the fact that the subject
Shop is being kept under his illegal control / 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
use and occupation of family members depending upon them. Plaintiffs have
forced to call upon the Defendant to avoid confrontation, requesting him to
hand over the actual physical possession of the subject Shop to the plaintiffs,
as soon as practicable.
17.
That the plaintiffs have till date requested the Defendant
numerous times calling upon the Defendant to vacate the subject Shop, however,
the Defendant has failed to vacate the subject Shop and handover its vacant possession
to the plaintiffs. It is pertinent to mention that the defendant has also
started threatening the plaintiffs boasting about the high-end connections of
the Defendant.
18.
That the Plaintiffs even after call upon the defendant for vacation
of the subject Shop has tried to meet the Defendant numerous times requesting
the Defendant 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, having no other alternative the Plaintiffs have filed the captioned suit
seeking eviction of the Defendant from the subject Shop along with that seeking
due and payable rent to the Plaintiffs along with mesne profits/damages etc.
19.
That it is pertinent to mention that starting from the
Defendant is a tenant at sufferance, being one who is wrongfully continuing to
be in possession of the subject Shop after extinction of its lawful title.
20.
That in addition to the failure of the Defendant in vacating
the subject Shop, the Defendant has failed to honor its obligations qua the
payment of the due taxes / charges and payable monthly rents, and further, as
and when the plaintiffs requested the defendant to pay the due and payable
monthly rent; the defendant chose to put the matter on one pre-text or the
other in order to delay the payment. Further, the defendant also chose to
resort to numerous unlawful acts in order to avoid/delay the payment of the
monthly rent due and payable to the plaintiff. Throughout the course of 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 vacation of the subject Shop by the
Defendant, the Defendant, against the use of the said Property by the defendant
is liable to pay the outstanding rent liability amounting to the tune of Rs.46,500/-
(hereinafter the “Outstanding Rent”).
The said amount pertains to the outstanding rental amount being due and payable
by the defendant qua the tenure of its 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
Rs. 50,000/- as damages and compensation being the usage charges (hereinafter
referred to as “Damages”) resulting out of the Defendant’s failure
to vacate the subject Shop and the said amount increasing till the date of
vacation of the subject Shop by the defendant. That the details of the amount
of Rs. 50,000/- as damages and compensation being computed is as follows:
-
An amount equivalent to monthly rent for the month of December,
2021 till date @Rs.1500/- p.m. = Rs.46,500/-
(Rupees Forty Six Thousand and Five Hundred Only)
-
An amount of Rs. 6400/- is required to pay the property tax
and water tax of Rs. 2700/- and Rs. 500/- per annum, respectively, from April’
2021 till 31st March 2024 = Rs.6400/- (Rupees Six Thousand Four Hundred Only)
-
An additional amount of Rs. 50,000/- 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 also in lieu of the
failure to vacate the Subject Property), the defendant has failed to
fulfill its obligation qua the payment of the due and payable electricity
charges, water charges, and other miscellaneous expenses on account of the
consumption/usage charges qua the Subject Shop being direct to the concerned
authorities. The pursuant to the knowledge of the Plaintiffs, the arrears of water
and electricity charges amounts (as being
payable till date) and is increasing regularly in lieu of the regular usage
/ consumption of the Defendant. Therefore, the defendant has failed to fulfill its
obligation qua the electricity and water charges being payable which the
defendant has deliberately failed to pay and continues to avoid paying for the
same.
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 seeking payment of the Outstanding Rent and Damages. That
the Defendant has deliberately and having malafide intentions failed to
handover the 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 despite the fact that it is a well-settled proposition of law that when the term of the
lease has expired by efflux of time then there is no need for landlord to
determine the lease by serving quit notice (as
stated by the Delhi High Court in Usha
Rani Jain v. Nirulas Corner House Private Limited, ILR(2005) II Delhi 349 also
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
Plaintiff had requested and giving a time period of 15 days to vacate the said
Subject Shop, however 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 along
with payment of Outstanding Rent and Damages to the Plaintiff. That the act of
the defendant is illegal, unlawful, unconstitutional
and against the principle of natural justice.
27.
That the Defendant is in arrears of rent being Rs.46,500/- from
the month December, 2021 till June, 2024 qua which the present eviction is
sought along with that seeking eviction of the Defendant from the Subject Shop and
payment of Outstanding Rent and Damages to the Plaintiff by the Defendant.
28.
That without prejudice to
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 the vacant possession
to the plaintiffs in the same manner and condition as the suit Shop was rented
out to it with immediate effect;
ii.
Pay arrears of Outstanding Rent amounting to Rs.46,500/- to
the plaintiff qua the possession of the Subject Shop along with interest @18%
p.a.;
iii. Pay an amount of Rs. 50,000/-
as damages qua the mental agony and harassment caused to the plaintiff resulting
out of the nefarious and malafide acts of the defendant;
iv. Pay an amount of Rs. 50,000/-
as damages and compensation resulting out of failure of the defendant to vacate
the said Property, and the said amount being additionally increased till the
date of his vacation of the Subject Property; and
v.
Pay / clear the total due and payable electricity and water and
house tax charges by the Defendant (till
date) in addition to the additional pending amount till date of vacation of
the Subject Shop by the Defendant.
29.
That the cause of action arose at Fatehpuri, Delhi which
falls within the Central, Delhi where the said property is situated and which
falls within the jurisdiction of this Hon’ble Court. This Hon'ble Court has got
jurisdiction to try and decide the present suit.
30.
That the cause of action first arose on December, 2021 when
the Defendant stopped paying the rent to the Plaintiff till date. The cause of
action further arose on 27.01.2023 when the Plaintiff sent legal notice to the
Defendant to clear the arrears of rent or vacate the subject Shop and requested
the Plaintiff not to take any action and undertook to clear all previous dues
within six months, but the Defendant failed to clear arrears of rent, resulting
Plaintiff terminate the tenancy over the subject property. The cause of action
further arose when the Plaintiffs within the subject shop and found that the
Defendant subletting the subject shop someone Ramu and breached the trust and
mutual agreement between the Plaintiffs and Defendant. The cause of action
further arose on 12.06.2024 when the plaintiff issued legal notice to the
defendant terminated his tenancy and directed to clear the outstanding arrears
of rent within (15) days from receipt of notice. It is further arose when the
defendant continued occupying the Subject Shop in an illegal manner and became
an illegal occupant of the Subject Shop. The cause of action further arose when
the Plaintiff lodged a police complaint against the Defendant for misbehaving,
cheating and breach of trust at the local police station. That the Plaintiffs
even after sending the notice to the Defendant has tried to meet the Defendant
numerous times requesting the Defendant 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 in ownership of the plaintiffs
is situated within the jurisdiction of Hon’ble Court. The whole cause of action
has arisen to the plaintiffs against the defendant at the Subject Shop in Central, Delhi within the
jurisdiction of this Hon’ble Court. Hence the 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 as calculated hereunder;
Thus, the suit is valued
for the purposes of Court Fees and for the purpose of jurisdiction at 46,500/- and
a court fee of Rs………./- 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 annexed herein;
b. Valuation for the relief of recovery
of arrears of rent to the tune of 46,500/- (@Rs.1500/- per month from December, 2021 till June, 2024] along with interest @18% p.a and the
requisite court fee of INR ……./- is attached herein;
c.
Valuations for the relief of dues the property tax and water
tax of Rs. 2700/- and Rs. 500/- per annum, respectively, from April’ 2021 till
31st March 2024 totaling of Rs.6400/- of the subject property the requisite
court fee of INR ……./- is attached herein;
d. Valuation
for the relief of mandatory injunction against the Defendant and in favour of
the Plaintiffs directing the Defendant to make payment of the complete
electricity, water/sewer charges and property tax till date of vacation of the
Subject Property is valued at Rs. 200, and the requisite court fee of INR 20/-
is annexed herein;
e.
Valuation for the relief of due additional amount of Rs. 50,000/-
as damages and compensation along with interest @ 18% p.a. and the requisite
court fee INR ……./- is attached herein.
f.
The remaining amount of court fees is tentatively
towards the relief of damages / mesne profits as finally awarded as well as additional reliefs and accordingly the requisite court
fees is paid herein. The Plaintiffs
undertakes to pay a further amount of
Court fee on the amount of damages /
mesne profits awarded by Hon’ble Court in accordance with provisions of Order
20 Rule 12 CPC as and when may be required.
PRAYER: -
It is, therefore, prayed that this Hon’ble Court may
be pleased to;-
a)
Pass decree for eviction and possession of the suit property/
Subject Shop bearing ____________________________ Delhi-110006 ad-measuring 8x10
be passed in favour of the Plaintiffs and
against the Defendant;
b)
Pass a decree directing the Defendant to pay arrears of rent
to the tune of INR 46,500/- being the monthly rent due from the month of December,
2021 to till June, 2024 be payable along with interest @18% pa till the date of
payment along with pendent lite interest;
c)
Pass a decree directing the Defendant to pay an additional
amount of Rs. 50,000/- as damages and
compensation such being increasing 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 complete 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 along with awarding damages & mesne profits
in favour of the Plaintiffs and against the Defendant (to be calculated
starting from July, 2024 till date of vacation); and
f)
Pass a decree or any other order or relief which this Hon'ble
Court may deem fit and proper under the circumstances may also please be
granted to the plaintiff and against the defendant.
DELHI PLAINTIFFS
THROUGH
DATED
ADVOCATE
VERIFICATION
:-
Verified at New
Delhi on this ___ day of July, 2024 that the contents of Para No. 1 to ….. of the Plaint above
are true and correct to my knowledge and as per the legal advice
received and believed to be so true. Nothing is false and
nothing material has been concealed therefrom. The last para is prayer to this
Hon’ble Court.
PLAINTIFFS
IN THE COURT OF LD. SENIOR
CIVIL JUDGE; CENTRAL DISTRICT; TIS HAZARI COURTS, DELHI.
IN THE
MATTER OF :-
SH. PRADEEP
KUMAR SHARMA & ANR. : PLAINTIFFS
V E R S U S
SH. PANAJ JAIN :
DEFENDANT
AFFIDAVIT
Affidavit of Sh. Pradeep Kumar Sharma aged about ___ years S/o
Late Sh. ……………. R/o 276, Second Floor, Prakash Mohalla, East of Kailash, New Delhi-110065, do hereby
solemnly affirm and declare as under:-
1. That I am the 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 the affidavit as
the same are not repeated for the sake of brevity.
VERIFICATION :-
Verified at
New Delhi on this the ____ day of July, 2024 that the contents of paragraph of my above affidavit are true and
correct. No part of it is false and nothing material has been kept concealed
therefrom.
IN THE COURT OF LD. SENIOR
CIVIL JUDGE; XXXXX DISTRICT; XXXXXXXX COURTS, DELHI.
IN THE
MATTER OF :-
SH. XXXXXXX &
ANR. : PLAINTIFFS
V E R S U S
SH.
XXXXXXXXXXXX : DEFENDANT
AFFIDAVIT
Affidavit of Smt. XXXXXXXX aged about ___ years W/o Sh. ___________________R/o_______________________________,
New Delhi-1100__, do hereby solemnly affirm and declare as under:-
1. That I am the 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 the affidavit as
the same are not repeated for the sake of brevity.
VERIFICATION :-
Verified at
New Delhi on this the ____ day of July, 2024 that the contents of paragraph of my above affidavit are true and
correct. No part of it is false and nothing material has been kept concealed
therefrom.
