IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE: TIS HAZARI COURTS, DELHI

SUIT NO. _____ 

IN RE:

XXXXX                                                                     PLAINTIFFS

V/S

XXXXX                                                                       DEFENDANTS

INDEX

                                                                                                                                                                PLAINTIFF

DATED:                         THROUGH

PLACE:                                                              (XXXXXX)

IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE: TIS HAZARI COURTS, DELHI

SUIT NO. _____ 20XX

IN RE:

XXXXX                                                                      PLAINTIFFS

V/S

XXXXX                                                                       DEFENDANTS

MEMO OF PARTIES

1.   XXXXX

S/o. XXXXX

R/o XXXXX                         

2.   M/s. XXXXX       

         Through its Authorized Officer                           …PLAINTIFFS

V/S

1.   XXXXX

S/o. XXXXX

R/o XXXXX                                                     …..DEFENDANTS

                                       THROUGH

  Date:                                                        

  Place:                                                                          (Advocates)
IN THE COURT OF HON’BLE SENIOR CIVIL JUDGE: TIS HAZARI COURTS, DELHI

SUIT NO. _____ 20XX

IN RE:

XXXXX                                                                     PLAINTIFFS

V/S

XXXXX                                                                       DEFENDANTS

SUIT FOR PERMANENT AND MANDATORY INJUNCTION, RECOVERY OF RENT WITH ARREARS, POSSESSION, DAMAGES, MESNE PROFITS 

RESPECTFULLY SHOWTH:

1.   That plaintiff no.1 is the lawful owner of the suit property bearing no. XXXX, hereinafter referred to as the suit premises.

2.   Defendants No. 1 & 2 approached the plaintiff in the year 2018 for taking Flat No. XXXXX on lease.

3.   That plaintiff and defendants entered into a tripartite agreement dated XXXX between plaintiff no.1 & 2 and defendant no.1 for the period of XX months commencing from XXXXX to XXXXX.

4.   That as per the terms and conditions agreed between the parties the rent was fixed to advance rent of Rs. XXXX per month payable on or before the 7^th day of every month.

5.   That the defendants have failed to pay the rent for the month of March 20XX before the 7^th day of the respective month as per the tripartite agreement signed between the parties. The defendants handed over the post-dated cheque bearing cheque no. XXXX date XXXX drawn on J&K Bank Ltd. for the amount of Rs. XXXX in favor of the plaintiff with an assurance that the same will be honored.

6.   That the aforementioned cheque was dishonored by the bank with the reason “Funds Insufficient” and was returned to the plaintiff vide cheque return memo dated XXXX.

7.   The defendant has committed forgery and gross breach of trust with my client and has been wrongly and malafidely withholding the legally recoverable amount of the plaintiff.

8.   That the said intentional and willful breach of the contract by the defendant is with malafide and guilty motive and the same also amounts to criminal breach of trust, cheating and fraud with my client and also wrongfully withholding and enjoying the due and outstanding amount payable to the plaintiff.

9.   The tripartite rent agreement has already expired on XX March 20XX and the suit premise is still in illegal possession of the defendants.

10.   That the intimation of the expiration of the rent agreement was already given to the defendants well in advance vide letter dated and the same were duly informed to vacate the premise on the expiration of the said agreement.

11.   That the defendants are still in possession of the said premise and have not vacated the same even after several intimations.

12.   That the defendants in a very clandestine manner in order to harass the plaintiff and to cause economic and other losses to the plaintiff.

13.   That the defendants have no right and authority to forcefully dispose the plaintiff from the suit premises and in case they succeed in their nefarious motives and designs, the plaintiff will suffer irreparable loss and injury, which cannot be compensated in terms of money.

14.   THAT the parties to the suit reside and work for gain at Delhi, the cause of action has also arisen at Delhi, the suit premises is situated within the territorial jurisdiction of this Hon’ble Court in West District, hence this Hon’ble Court has jurisdiction to try and entertain the present suit

PRAYER

It is, therefore, respectfully prayed that this Hon’ble court may be graciously pleased enough to:

                     i.        Pass a decree for mandatory injunction be passed in favor of the plaintiff and against the defendants directing them to stop entering the suit premises and stop the illegal use of the suit premises.

                   ii.        Pass a decree for permanent injunction in favor of the plaintiff and against the defendants, restraining the defendants, his associates, and agents from alienating, transferring, mortgaging, or selling the property bearing Flat No. XXXXXXX

                  iii.        Order the cost of the suit in favour of the plaintiff.

                 any other relief or further relief which this Hon’ble                 Court may deem fit and proper in the circumstances of the case be also allowed to the plaintiff.                      

                             PLAINTIFF

Date :
Place :    

                                THROUGH

                                                                         (XXXXXXXX)

IN THE COURT OF HON’BLE DISTRICT CIVIL JUDGE: TIS HAZARI COURTS, DELHI.

                                           SUIT NO. _____

IN RE:

XXXXX                                                                …PLAINTIFF

                                       VERSUS

XXXXX                                                                 …DEFENDANT

AFFIDAVIT IN SUPPORT OF THE SUIT

Affidavit of M/s. XXXXX through its Authorized person ____________________ R/o. I, the above-named deponent, do hereby solemnly affirm and declare as under:-

1.   THAT I am the plaintiff in the above-noted case well conversant with the facts of the case and competent to swear this affidavit.

2.   THAT the contents of the accompanying suit for mandatory and permanent injunction are drafted under my instructions by my counsel and the same have been read over and explained to me and understood by me as correct in vernacular.

3.   THAT the contents of the accompanying suit are not being reproduced herein for the sake of brevity, which may kindly be read as part of this affidavit.

4.   THAT the paras 1 to 11 of the accompanying suit are true and correct to my knowledge and believed to be correct. The para 12 is legal para. The remaining sub-para (i) to (iv) are prayer clauses to this Hon’ble Court.

DEPONENT

VERIFICATION:

Verified at _______ on this __ day of ______ 20XX that the contents of the above affidavit are true and correct to my knowledge and no part of it is false or wrong.

DEPONENT

IN THE COURT OF HON’BLE DISTRICT CIVIL JUDGE: TIS HAZARI COURTS, DELHI.

SUIT NO. _____ 2019

IN RE:

XXXXX                                                                 …PLAINTIFFS

                                   VERSUS

XXXXX                                                                 …DEFENDANTS

APPLICATION UNDER ORDER 39 RULES 1 & 2 READ WITH SECTION 151 CPC

RESPECTFULLY SHOWETH:

1.   THAT the applicant has filed the accompanying suit for Mandatory and Permanent Injunction against the defendants and the same is pending adjudication before this Hon’ble Court.

2.   THAT the contents of the accompanying suit are not being reproduced herein for the sake of brevity, which may kindly be read as part and parcel of this application.

3.   THAT the applicant has a good prima facie case in his favor and the same is likely to be decided in his favor.

4.   THAT the balance of convenience is in favor of the plaintiff and against the defendants.

5.   THAT the plaintiff is a lawful owner in possession of the suit premises since _________ as per the regd. Sale Agreement dated ________.

6.   THAT in case the plaintiff is not granted ad-interim relief against the defendants, the plaintiff will suffer irreparable loss and injury, which cannot be compensated in terms of money.

7.   An affidavit in support is annexed herewith.

PRAYER

              It is, therefore, respectfully prayed that an ex-parte ad-interim injunction may kindly be granted in favor of the applicant and against the defendants, thereby directing the defendants to immediately vacate the premise i.e. Flat No.. XXXXX The defendants, their associates, agents, representatives, etc. be also restrained from interfering, disturbing, or causing any kind of hindrance in the smooth and peaceful enjoyment by the plaintiff of the suit premises. Such other or further relief which this Hon’ble Court may deem fit and proper be also granted in favor of the Plaintiff.

PLAINTIFF

THROUGH

Date:                                                                                                                                                                                                                                                                                                            Place:                                                     

                                    (XXXXXXX)

IN THE COURT OF HON’BLE DISTRICT CIVIL JUDGE: TIS HAZARI COURTS, DELHI.

SUIT NO. _____ 2019

IN RE:

XXXXX                                                                 …PLAINTIFF

                                   VERSUS

XXXXX                                                            …DEFENDANT

AFFIDAVIT

Affidavit of M/s. XXXXX through its Authorized person ____________________ R/o. I, the above-named deponent, do hereby solemnly affirm and declare as under:-I, the above-named deponent, do hereby solemnly affirm and declare as under:-

1.      THAT I am the plaintiff in the above noted case and well conversant with the fact of the case and competent to swear this affidavit.

2.      THAT the contents of the accompanying application under Order 39 rules 1 and 2 read with Sec. 151 CPC are drafted under my instructions by my counsel and the same have been read over and explained to me and understood by me as correct.

3.      THAT the contents of the accompanying application are not being reproduced herein for the sake of brevity, which may kindly be read as part of this affidavit.

DEPONENT

VERIFICATION:

Verified at Delhi on this __ day of __________ 2019 that the contents of the above affidavit are true and correct to my knowledge and no part of it is false or wrong.

DEPONENT