Eviction Suit Format

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  • Tuesday, October 22, 2013
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  • IN THE COURT OF C1 :: PL1
    O.S.No.      of y1
    Between:
    p1  p3
    ...  Plaintiff
    A n d

    d1 d3
    ... Defendant

    PLAINT PRESENTED BY THE PLAINTIFF UNDER ORDER 7 RULES 1 AND 2 AND SECTION 26 OF CODE OF CIVIL PROCEDURE 1908.

    1. PLAINTIFF:

    p2

    2. DEFENDANT:

    d2

    The address for service of all notices on the plaintiff is that of his advocates Sri Add7, Add8 Advocates, Pl1 and that of the defendant is as stated above
    3.  The plaintiff is the owner of the plaint schedule property. The defendant is a tenant of the plaint schedule property on a monthly rent of r1 which is payable every month. There is a practice of passing receipts. The defendant never paid the rent without a receipt. The defendant agreed not to sub-lease the plaint schedule property to any body. The defendant is a month to month tenant.
    4. The plaintiff submits that the A. P. Buildings [Lease, Rent and Eviction] Control Act will not apply to the tenancy of the defendant.
    5.  The plaintiff further got issued a registered notice on dt1 terminating the tenancy by the end of m1 month. Inspite of the notice the defendant failed to vacate and hand over the plaint schedule property to the plaintiff. Therefore the plaintiff files the suit for eviction of the defendant and also for recovery of arrears of rent.
    6. The plaintiff submits that if the plaint schedule property is leased out he will get a sum of r2/- considering the present rents prevailing in the area.  Since the lease is terminated the defendant is liable to pay damages for use and occupation at Rs.r2/-
    7.  The cause of action for the suit arose when the defendant took the property on lease and on dt1 when the plaintiff got issued a notice terminating the tenancy by the end of m1 month at Pl1 where the plaint schedule property is situated within the jurisdiction of the Hon’ble Court.
    8. Value of the suit:
    Relief of eviction valued under Sec.40 of Andhra Pradesh Court Fees and Suits Valuation Act on an yearly rent Rs.r1/- x


    .. Rs. r3

    A court fee of Rs. cf1 /- is paid under Schedule (I) Article (I)(c) of Andhra Pradesh Court Fees and Suits Valuation Act.

    9. The plaintiff therefore prays that the Hon'ble Court may be pleased to grant a decree for vacant possession of the plaint schedule property after ejecting the defendant from the plaint schedule property and award future profits and award costs and such other relief as the Hon'ble court deems fit and proper in the circumstances of the case.
                                   
                 Be pleased to consider,

    Plaintiff:

    The contents stated above are read over and explained to me in Telugu and having perfectly understood the same and I declare that the contents stated above are true to best of my knowledge, information, belief and I signed/affixed thumb mark on this plaint at Pl1 on d5.

    Plaintiff:

    LIST OF DOCUMENTS FILED:

    1.







    Advocate for the plaintiff

    IN THE COURT OF  C1:: PL1
    O.S.No.      of y1
    Between:
    p1
    ... Plaintiff
    A n d

    d1
    ... Defendant

    PLAINT SCHEDULE FILED BY THE PLAINTIFF

    East Godavari District, Pl1 Sub-registry, Pl1 Mandal, Pl1 Municipality, house Block No. Door No. within the following boundaries:

    East :


    South:


    West :


    North:




    The property situated within the above boundaries with all kinds of easementary rights etc.,
                                                                           Be pleased to consider,      

    Plaintiff:

    The contents stated above are read over and explained to me in Telugu and having perfectly understood the same and I declare that the contents stated above are true to best of my knowledge, information, belief and I signed/affixed thumb mark on this plaint at Pl1 on d5.

    Plaintiff:












    Add6

    IN THE COURT OF     C1:: PL1
    O.S.No.     of y1
    BETWEEN
    p1
                                           ..Plaintiff
    A n d
    d1
                                          ..Defendant





    Value of the Suit: Rs.r3/-
    Court Fee Paid: Rs.cf1/-



    PLAINT FILED UNDER ORDER7 RULES 1 & 2 AND SEC 26 OF CIVIL PROCEDURE CODE




                         
    List of papers submitted:

    1.Plaint
    2.Vakalat
    3.Process With Copies
    4.Documentsfiled: As per List.


                Advocate.



           

    ADDRESS FOR SERVICE:

    Add7
    Add8
    Advocates
    Pl1

    IN THE COURT OF C1:: PL1
    O.S.No.      of y1
    Between:
    p1
    ... Plaintiff
    A n d

    d1
    ... Defendant

     AFFIDAVIT FILED BY THE PLAINTIFF

    I, p2 do hereby solemnly and sincerely affirm and state as follows:-
    1.       I am the plaintiff in the above matter. I pray that the Hon’ble Court may be pleased to read the plaint filed by me as part of this affidavit.
    2.       I am the owner of the plaint schedule property. The defendant is a tenant of the plaint schedule property on a monthly rent of Rs.r1 which is payable every month. There is a practice of passing receipts. The defendant never paid the rent without a receipt. The defendant agreed not to sub-lease the plaint schedule property to any body. The defendant is a month to month tenant.
    3.       I submit that the A. P. Buildings [Lease, Rent and Eviction] Control Act will not apply to the tenancy of the defendant.
    4.       Further I got issued a registered notice on dt1 terminating the tenancy by the end of m1 month. Inspite of the notice the defendant failed to vacate and hand over the plaint schedule property to me. Therefore I filed the suit for eviction of the defendant and also for recovery of arrears of rent.
    5.       I submit that if the plaint schedule property is leased out he will get a sum of r2/- considering the present rents prevailing in the area.  Since the lease is terminated the defendant is liable to pay damages for use and occupation at Rs.r2/-
    6.       Hence I submit and pray that the Hon’ble Court may be pleased to grant a decree for vacant possession of the plaint schedule property after ejecting the defendant from the plaint schedule property and award future profits and award costs and such other relief as the Hon'ble court deems fit and proper in the circumstances of the case. Else I suffer serious and irreparable loss.
                                                    Be pleased to consider,
                    Deponent:
    The contents stated above are read over to the deponent and explained to him in Telugu and having he perfectly understood the same and admitting the contents to be true, solemnly affirmed and signed before me at Pl1 on d5.
                                                                    Advocate, Pl1.






    Add6
     IN THE COURT OF     C1:: PL1
    O.S.No.     of y1
    BETWEEN
    p1
                                           ..Plaintiff
    A n d
    d1
                                          ..Defendant














    Affidavit filed by the plaintiff





           












    ADDRESS FOR SERVICE:

    Add7
    Advocates
    Pl1


    IN THE COURT OF  C1:: PL1
    O.S.No.      of y1
    Between:
    p1
    ... Plaintiff
    A n d

    d1
    ... Defendant

    I/We do hereby appoint and retain

    Add7
    Add8
    Advocates,
    Pl1


    to appear for me/us in the above original suit/Miscellaneous petition and to conduct and to prosecute or defend the same all proceedings that may be taken in respect of any applications for execution of any decree or order passed therein. I empower my advocate to appear in all miscellaneous petitions in the above suit or matter till the decrees or orders are fully satisfied or adjusted and to obtain the return of documents and draw any moneys that might be payable to me in the suit or matter and I do further empower my advocate to accept on my behalf, service of notices of all any appeals or petitions filed in any Court of appeal, reference or revision with regard to the said suit or matter before the disposal of the Same in this Hon’ble court.


    Plaintiff:









    The contents stated above are explained in Telugu to the deponent having perfectly understood the same and admitted the contents are true and solemnly affirmed and signed/ affixed thumb mark in my presence at Pl1 on D5.


                                                             Advocate










































    Add6
    IN THE COURT OF   C1:: PL1
    O.S.No.       of y1

    Between:
    p1
                                            .. Plaintiff
    A n d
    d1
                                            .. Defendant











    VAKALAT FILED ON BEHALF OF THE PLAINTIFF



       Accepted:














    ADDRESS FOR SERVICE:
    Add7
    Add8
    Advocates
    Pl1



    IN THE COURT OF  C1:: PL1
    O.S.No.      of y1
    Between:
    p1
    ... Plaintiff
    A n d

    d1
    ... Defendant



    PROCESS MEMO FILED ON BEHALF OF THE PLAINTIFF


    Sl.No.       Name and Address of the party
    On what Account
    Process
    Remarks
    1. d2

    30.00

    Urgent



    R.P.



    T.C.

    1.00

    Total




    Pl1
    Dated d5

    Advocate for the plaintiff




    IN THE COURT OF  C1:: PL1
    O.S.No.      of y1
    Between:
    p1
    ... Plaintiff
    A n d

    d1
    ... Defendant

    To
    d2.

    Whereas the plaintiff has instituted a suit against you for the relief mentioned in the plaint. You are hereby summoned to appear in this Court on    day of                y1 at 10.30 A.M. to answer the claim and you are directed to produce  all evidences and produce all documents on that day all documents upon which you intend to rely in support of the defence  
    Take notice that in default of your appearance on the day afore mentioned the suit will be heard and determined in your absence.

    Given under my hand and the seal of the Court.
    This    day of       y1

    Add7
    Advocate

    Central Nazir


     IN THE COURT OF C1:: PL1
    O.S.No.      of y1
    Between:
    p1
    ... Plaintiff
    A n d

    d1
    ... Defendant

    AFFIDAVIT FILED BY THE PETITIONER


    I, p2 do hereby solemnly and sincerely affirm and state as follows:

    1.        I am the plaintiff in the accompanying suit.
    2.        The necessary Court fee on the plaint has been deposited in State Bank of India, Treasury branch, Pl1 under Challan dated              and the same is herewith filed.                                                                                
                                   Be pleased to consider,

                            Deponent:


    The contents stated above are explained in Telugu to the deponent having perfectly understood the same and admitted the contents are true, solemnly affirmed and signed/ affixed thumb mark in my presence at Pl1 on d5.


                                                             Advocate








    Add6


    IN THE COURT OF C1:: PL1
    O.S.No.     of y1





















    AFFIDAVIT FILED ON BEHALF OF THE PLAINTIFF


















    ADDRESS FOR SERVICE:

    Add7
    Advocates
    Pl1 .







    IN THE COURT OF         JUNIOR CIVIL JUDGE :: PL1
    O.S.No.     of y1
    Between:
    p1 p3
    .. Plaintiff
    A n d

    d1 d3
    .. Defendant

    PARTICULARS FILED BY THE PLAINTIFF UNDER ORDER 6 RULE 14A AND SECTION 26 OF CODE OF CIVIL PROCEDURE 1908.

    1. PLAINTIFF:

    p2
    2. DEFENDANT:

    d2

    3. The address for service of all notices on the plaintiff is that of his advocates Sri Add7, Add8, Advocates, pl1 and that of the defendant is as stated above.
    Be pleased to consider,



    Advocate for the Plaintiff





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