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

CASE NO____20XX

IN THE MATTER OF: -

XXXXX                                                                           ….PLAINTIFFS

VERSUS

XXXXX                                                                         .….DEFENDANT

INDEX

S.NO. PARTICULARS                             COURT FEE              PAGES

1.       MEMO OF PARTIES

2.       SUIT FOR PERMANENET,

MANDATORY INJUCTION

& RECOVERY OF RENT.

4.       APPLICATION U/O XXXIX

R 1 & 2

3.       ANNEXURE A

COPY OF GIFT DEED

4.       ANNEXURE B

COPY OF RENT AGREMENT

5.       ANNEXURE C

COPY OF LETTER DATED XX.XX.XX

6.       ANNEXURE D

COPY OF REPLY SENT BY DEFENDANT

7.       COPY OF IDENTITY CARD OF BOTH PLAINTIFFS

8.       VAKALTNAMA

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     PLAINTIFFS

DELHI

DATE:                             THROUGH

                                                                                COUNSEL

        XXXXXXXXXX & ASSOCIATES

        OFFICE NO. XXXXXXXXXXX,

          MOB-XXXXXXXXXXX            

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

CASE NO____20XX

IN THE MATTER OF: -

XXXX                                                                   ….PLAINTIFFS

VERSUS

XXXX                                                                    .….DEFENDANT

MEMO OF PARTIES

1.   XXXX

S/O XXXX

R/O XXXXXXXXX                                …PLAINTIFFS NO.1

2.   XXXX

W/O XXXX

R/O XXXXXXXXXXX                             ….PLAINTIFFS NO.2

VERSUS

XXXX

S/O XXXX

R/O XXXXXXXXX                                           ….DEFENDANT

               PLAINTIFFS

DELHI

DATE:                    THROUGH

                                                                       COUNSEL

        XXXXXXXXXX & ASSOCIATES

        OFFICE NO. XXXXXXXXXXX,

          MOB-XXXXXXXXXXX            

IN THE COURT OF HON’BLE ADDITIONAL DISTRICT JUDGE, KARKARDOOMA COURTS: DELHI

CASE NO____20XX

IN THE MATTER OF: -

XXXX                                                                   ….PLAINTIFFS

            VERSUS

XXXX                                                                   .….DEFENDANT

SUIT FOR PERMANENT, MANDATORY INJUNCTION & RECOVERY OF RENT WITH INTEREST@18% PER ANNUM WITH PENDENTELITE & FUTURE INTEREST

Most Respectfully showeth:

1.   That the plaintiffs are the absolute owner of  XXXXXXXXXX by virtue of a registered Gift Deed dated executed in favor of plaintiffs by XXX XXXX (Father of plaintiff No.1) S/o  XXXXX vide Registration no.XXX in Book no.X, vol no.XXX on page 5 to 12 before Sub Registrar XXX, XXXXXX & Suit Property is under bracket  .Copy of Gift Deed is annexed as AnnexureA

2.   That the defendant is the tenant in the suit property by virtue of Registered Rent agreement executed between plaintiffs & defendant on XX.XX.20XX in the office of Sub Registrar XX, XXXXXXXX vide Registration no.XX  in Book no.X, vol no.XXX on page 10 to 14. Copy of Registered Rent agreement is annexed herewith as ANNEXURE B.

3.   That as per the rent agreement, the rent of the property started from XX.XX.20XX and as per the Rent Agreement dated XX.XX.20XX, it was agreed between the parties that “in case of nonpayment 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 given any notice, the tenant will be bound to vacate the same without any delay”.

4.   That in the month of XX, the defendant paid only Rs. XXXX/-out of Rs. XXXX (fixed amount of rent) and also not paid electricity bill of Rs. XXXX/-.

5.   That the defendant paid rent to the plaintiffs till XX.0X.20XX, thereafter the plaintiffs requested several times to the defendant to pay the arrear but he did not pay rent to the plaintiffs till date. Not only that the defendant also not paying the bills i.e water bill & lift Bill and since the month of XX 20XX the lift bill has not been paid by him and water bill from the month of XX 20XX is not paid by him.

6.   That on XX.0X.20XX, plaintiffs sent a letter/notice to the defendant and claimed the arrears of amount of Rs. XX,XX /- approx and the same letter along with Speed post receipt is annexed as Annexure C and In return, Defendant sent a frivolous reply dated- XX.0X.20XX and the same is annexed here as Annexure D and stating false submissions to ignore the payment. 

7.   That now the outstanding amount is Rs. XXXX/-.Details as follows

8.   That despite several requests, defendant did not paid the outstanding amount of plaintiffs till date and withholding the sum of Rs. _____/- (_____________________) illegally and plaintiffs is entitled to get the outstanding amount with interest at the rate of 18% P.A. from the due date till its realization.

9.     That the defendants have in fact committed a gross breach of trust and contract with the plaintiffs as it is also apparent from defendant’s conduct that the defendant has wrongly and malafidely withholding the said amount of plaintiffs.

10.  That it came into the knowledge from sources that the defendant had done same thing like not to pay rent to the previous owners of the property where he was inducted as a tenant and the defendant is habitual person to do this kind of things.

11.  That the said intentional and will full breach of the contract by the defendant is malafide with guilty motive and the same also amounts to criminal breach of trust, cheating and fraud with plaintiffs and also wrongfully withholding and enjoying the amount payable to plaintiffs, which also amounts to serious criminal offences and plaintiffs also reserves its right to take appropriate criminal proceedings against the defendant.

12.  That the defendant is liable to make the payment for which the plaintiffs is entitled and the defendant has not made the payment to the plaintiffs in spite of demand and is further liable to pay the interest at the rate of 18% P.A. from the due date.

13.  That the defendant is liable to pay the amount of Rs. XXX XXX along with pendent elite and future interest liable to pay the cost and expenses of the present suit and the plaintiffs are entitled to receive the said amount and the plaintiffs are further entitled for any other or further relief which the Hon’ble Court may deem fit and proper.

14.  That the Suit Property is XXXX XXXXX & all and as such this Hon’ble Court has got the jurisdiction to try and entertain the present suit and the same is in within the limitation.

15.  That cause of action firstly arose on XX.XX.20XX, when the defendant got the possession of the suit property as tenant and further arose on XX.XX.20XX, when rent agreement executed between plaintiffs & defendant. The cause of action further arose, when the defendant stopped making payment of rent. The cause of action further arose when the plaintiffs sent letter/notice on XX.XX.20XX to the defendant and further arose when defendant sent the false and frivolous reply dated-XX.XX.20XX, it further arose on each & every date, when the bills i.e Electric, water, lift of the suit property not paid by defendant and further arose whenever plaintiffs asked the arrears of rent & payment for electric, water, lift bills payment from defendant and the same issue/cause of action subsisting till today.

16.    That the valuation of the suit has been assessed to Rs.XXXXX/-(XXXXXX XXXXXX) on which requisite Court fee of Rs. XXXX/- has been affixed.

PRAYER

It is therefore most respectfully prayed that Hon’ble Court may kindly pass :

1.   A decree in favour of the plaintiffs and against the defendant for a sum of Rs. __________ /-(_____________________) along with 18% interest from the due date till realization.

2.   Pass an order to direct the defendant to vacate the suit property.

3.   A decree of permanent and mandatory injunction restraining the defendant, his agents, representatives, assignees or anybody claiming through or under them from selling, alienating, transferring in any form & Creating any third party interest in the suit property in favour of any person.

4.   Any other or further reliefs may also be granted in favour of the plaintiffs and against the defendant, which this Hon’ble Court may deem fit and proper.

                        Plaintiffs

Delhi

Date:                               Through                                                     

                                                                               COUNSEL

        XXXXXXXXXX & ASSOCIATES

        OFFICE NO. XXXXXXXXXXX,

          MOB-XXXXXXXXXXX            

VERIFICATION:-

Verified at Delhi on this XX day of XX XX, 20XX that the contents of para no……. of the above suit are true and correct and para no……. are true as per the information received and believed to be true. The last Para is prayer before this Hon’ble Court.

                                                                                                              ….PLAINTIFFS

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

CASE NO____20XX

IN THE MATTER OF: -

XXXX                                                                    ….PLAINTIFFS

VERSUS                    

XXXX                                                               .….DEFENDANTS

AFFIDAVIT

I, XXX, S/O XXXX, R/O XXXX XXXX, do hereby solemnly affirm and state as under: -

1.       That the deponent is plaintiff no.1 in the above-noted suit and well conversant with the facts of the case and competent to swear the present affidavit.

2.       That the contents of above suit filed by plaintiffs has been drafted by counsel under my instruction and the contents of the same has been read over to me in vernacular and understood and the same are correct and the same 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 prayer in the accompanied Suit has been field in Hon’ble Court or in the Hon’ble Supreme Court of India.

DEPONENT

VERIFICATION:

I, the above-named deponent do hereby verify at XXX on this day of XX XX, 20XX 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 HON’BLE SENIOR CIVIL JUDGE, KARKARDOOMA COURTS: DELHI

CASE NO____20XX

IN THE MATTER OF: -

XXXX                                                                     ….PLAINTIFFS

VERSUS

XXXX                                                                    .….DEFENDANTS

AFFIDAVIT

I, XXXX W/O XXXX, S/O XXXXXXXXXXXXX , R/O XXXXXXXX XXXXXXXX, DO HEREBY SOLEMNLY AFFIRM AND STATE AS UNDER:-

1.       That the deponent is the plaintiff no.2 in the above-noted suit and well conversant with the facts of the case and competent to swear the present affidavit.

2.       That the contents of above suit filed by plaintiffs has been drafted by counsel under my instruction and the contents of the same has been read over to me in vernacular and understood and the same are correct and the same 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 prayer in the accompanied Suit has been field in Hon’ble Court or in the Hon’ble Supreme Court of India. 

DEPONENT

VERIFICATION:

I, the above-named deponent do hereby verify at New Delhi on this the day of XXX XX, 20XX 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 HON’BLE SENIOR CIVIL JUDGE, KARKARDOOMA COURTS: DELHI

CASE NO____20XX

IN THE MATTER OF: -

XXXX                                                                   ….PLAINTIFFS

VERSUS

XXXX                                                                   .….DEFENDANT

APPLICATION UNDER ORDER XXXIX RULE 1&2 ON BEHALF OF PLAINTIFFS.

Most Respectfully Showeth: -

1.   That the plaintiffs, above named has initiated a suit for, permanent and mandatory injunction and Recovery of Rent against the defendant for the suit property bearing no. XXXXXXXXXXX and the same is pending for 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 same may kindly be read as part and parcel of the present application as if the same has 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 to anybody.

4.   That if the defendants will succeed in creating third-party interest in the suit property, the plaintiff is bound to suffer an irreparable loss and injury which could not be compensated later on in terms of money or otherwise.

5.   That the plaintiff has a prima- facie good cause in his favour and is bound to succeed in the main suit.

6.   That the plaintiff suffers irreparable loss, harm and injury in case the interim order as prayed hereunder are not granted.

7.   That the balance of convenience lies heavily in favour of the plaintiff and against the defendants.

PRAYER

In view of the above facts of circumstances, the plaintiff most respectfully prays that this Hon’ble Court may be pleased to restrain: -

a)   The defendant, his legal heirs, associates, representatives etc. from creating any third party interest in the Suit Property bearing no. XXXXXXXX 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 passed in favour of the plaintiffs and against the defendant in the interest of justice.

It is prayed accordingly,

  PLANTIFFS

DELHI                            THROUGH

DATED: -                                                   

                                                                          COUNSEL

        XXXXXXXXXX & ASSOCIATES

        OFFICE NO. XXXXXXXXXXX,

          MOB-XXXXXXXXXXX            

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

CASE NO____2018

IN THE MATTER OF: -

XXXX                                                                    ….PLAINTIFFS

VERSUS

XXXX                                                                   .….DEFENDANT

AFFIDAVIT

I, XXX, S/O XXX, R/O XXXXXX XXXXXXXXX, do hereby solemnly affirm and state as under: -

1.       That the deponent is plaintiff no.1 in the above-noted suit and well conversant with the facts of the case and competent to swear the present affidavit.

2.       That the contents of the accompanying application U/O XXXIX R1 & 2 filed has been drafted by my counsel under my instruction and the contents of the same has been read over to me in vernacular and understood and the same are correct and the same may be read as part and parcel of the present affidavit and have not been repeated herein for the sake of brevity.

                                          DEPONENT

VERIFICATION:

I, the above-named deponent do hereby verify at New Delhi on this the day of XX XX, 20XX 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 there from.

                                          DEPONENT

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

CASE NO____20XX

IN THE MATTER OF: -

XXXX                                                                   ….PLAINTIFFS

VERSUS

XXXX                                                                    .….DEFENDANTS

AFFIDAVIT

I, XXX W/O XXX, S/O XXXX, R/O XXXXXX, DO HEREBY SOLEMNLY AFFIRM AND STATE AS UNDER:-

1.       That the deponent is plaintiff no.2 in the above noted suit and well conversant with the facts of the case and competent to swear the present affidavit.

2.       That the contents of accompanying application U/O XXXIX R1 & 2 has been drafted by my counsel under my instructions and the contents of the same has been read over to me in vernacular and understood and the same are correct and the same may be read as part and parcel of the present affidavit and have not been repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:

I, the above-named deponent do hereby verify at New Delhi on this the day of XX XX, 20XX 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 there from.

DEPONENT