Mr. X is an owner of a Bungalow situated at Jaipur. He has given the said Bungalow on rent to Mr. A at a monthly rent of ₹ 50,000. As per the rent agreement tenant has to pay rent before 10th of every month. Failure to p
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2021
Mr. X is an owner of a Bungalow situated at Jaipur. He has given the said Bungalow on rent to Mr. A at a monthly rent of ₹ 50,000. As per the rent agreement tenant has to pay rent before 10th of every month. Failure to pay rent in time for continuous two months will empower the owner to force the tenant to vacate the Bungalow before the expiry of agreement. Tenant Mr. A is not paying rent for last three months. Notice have been served on the tenant Mr. A to vacate the Bungalow and pay the rent due to him. However, no response in this regard is received by the owner. Now Mr. X, the owner of the Bungalow wants to file the suit for Ejectment and recovery of arrear of rent. Draft appropriate suit to be filed before the Court of Small Causes. Assume other necessary facts, if required.
Answer & Explanation:
Suit for Ejectment and Arrears of Rent In the Court of Small cause, Jaipur Suit no...... of.......... 'X' S/o........ aged ...... years, resident of ...... Plaintiff Versus 'A' S/o ...... aged ...... years, resident of ...... Defendant Suit for Ejectment and Arrears of Rent The above named Plaintiff states as follows: The Plaintiff is the owner of the Bunglow situated at ...... Jaipur, Rajasthan and bounded as below: Boundaries of the Houses ...... ...... ...... ...... That under the agreement made on ...... .20...... the defendant became a tenant to the plaintiff in respect of the Bunglow described in paragraph 1 above at the rent of ₹ 50000/- per month and has been in occupation of the said house as such tenant since the above mentioned date of the agreement. That the defendant has not paid the rent for last three months. That the plaintiff is duly determined the said tenancy by serving on the defendant, by registered post on ...... .20......a notice to quit the said bunglow within 30 days of the receipt of the notice and pay the entire arrears of rent. That the said notice was served upon the defendant on ......, yet the defendant has not vacated the house, nor has he paid the said arrears of rent or any part thereof. Hence the defendant is liable to Ejectment. That now a total sum of Rupees...... is due to plaintiff as against the defendant i.e. Rs....... on account of arrear of rent and Rs....... on account of damages for use of and occupation of Bunglow from ...... till the date of filing of this suit. That the cause of action for the said arose on ...... when the period stipulated in the said notice expired. That the defendant resides at ...... within the jurisdiction of the Court. That the valuation of the suit for the purpose of jurisdiction and payment of court fee of Rs....... has been paid. Therefore, the Plaintiff Claims: a) That the decree for Ejectment of the defendant from the bunglow described in paragraph 1 above be passed in favour of plaintiff. b) That the decree of Rupees.......; on account of arrear of rent be passed in favour of plaintiff. c) That the decree of Rupees. ..; on account of damages for use and occupation at the rate of Rs. ...... Per month be passed in favour of the plaintiff as against the defendant. d) That a decree for further damages for use and occupation at the aforesaid rate till the Ejectment of the defendant be passed in favour of the plaintiff as against the defendant on payment of additional court fee. e) That cost of the suit be allowed to the plaintiff. Place: ...... AB Plaintiff Date: ...... through Advocate Verification I, AB, the aforesaid plaintiff, do hereby verify the contents of paragraphs ...... and...... of the above plaint are true to my personal knowledge and the contents of the paragraphs...... and...... I believe to be true on information received. Signed and verified this...... ......day of .20......at ...... AB Plaintiff
Topics: Drafting
Related Questions in this Topic
- Draft the following: (a) Notice of Annual General Meeting for XYZ Ltd in which only ordinary businesses are to be transa...
- Write short notes on the following: Reference and Review under Civil Procedure Code 1908.
- Write short notes on the following: The importance of 'Disclaimers' in the drafting of opinions by an expert.
- Write short notes on the following: Stages of Criminal Trial in a Summons case.
- Write short notes on the following: Res judicata and Bar to Further Suits.