Draft a specimen plaint of a suit for the arrears of rent. Assume facts.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2021
Draft a specimen plaint of a suit for the arrears of rent. Assume facts.
Answer & Explanation:
Suit for Arrears of Rent In the Court of Small Cause, ____________ Suit No. ________ Of ________ (Space for Court-fee Stamp) AB S/o CD Age..... Resident of ________ Plaintiff Versus PQ S/o RS Age..... Resident Of ________ Defendant Suit for Ejectment, Arrears of Rent and Mesne Profits The above-named plaintiff states as follows:- That the plaintiff is the owner of the house no. ________ situated at ________ and bounded as below: - Boundaries of the Houses. That under verbal agreement made on 20________ the defendant became a monthly tenant to the plaintiff in respect to the house described in paragraph 1 above at the rent of Rupees ________ 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 w.e.f. ________ That the plaintiff duly determined the said tenancy by serving on the defendant, by registered post on (Date)________ a notice to quit the said house within thirty days of the receipt of the notice and pay the entire arrears of rent from (Date)________. It is submitted that the said notice was served upon the defendant on (Date)________ 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 under section ________ That now a total sum of Rupees ________ is due to the plaintiff as against the defendant, that is Rupees ________ on account of arrears of rent from (Date)________ to (Date)________ and Rupees ________ On account of damages for use and occupation from (Date)________ to (Date), the date of filing the suit. That the cause of action for the said arose on (Date)________, when the period stipulated in the said notice expired. That the defendant resides at .... within the jurisdiction of this Honourable court. That the valuation of the suit for the purpose of jurisdiction and payment of court-fee is Rupees ________ the requisite court fee has been paid. Wherefore the plaintiff claims— That the decree for Ejectment of the defendant from the house described in paragraph 1 above be passed in favour of the plaintiff as against the defendant. That the decree of Rupees on account of arrears of rent from (Date)________ to (Date)________ be passed in favour of the plaintiff. That a decree for Rupees ________ on account of damages for use and occupation at the rate of Rupees ________ per month from (Date)________, to (Date)________ the date of suit, be passed in favour of the plaintiff as against the defendant. 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. That cost of the suit be allowed to the plaintiff. Place: ________ AB Date: ________ Plaintiff 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: Pleadings
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