In the court of Civil Judge (S.

D), Vikas Nagar, Dehradun

O.S. No. ______ of 2018

Omji Nathus, tenant of a shop named Omji sweet shop, situated at sudhovala, Dehradun.

………………………………..plaintiff

VS.

Shiv kumar bansal, owner of the Omji sweet shop, situated at Sudhovala, Dehradun.

………………………………..defendant

Sir,

The plaintiff most respectfully submit as under:-

1. That plaintiff is a tenant of defendant mr. shiv kumar bansal and carries on his
business in a shop named Omji sweet shop which is situated at sudhovala, Dehradun
and resides at hno 228 street 12 near BFIT college,sudhovala, Dehradun.
2. That plaintiff took the respected shop from defendant in 1980 and from then
onwards he is carring on his business in the respected shop.
3. That the amount of rent that plaintiff payed initially when he first took the shop on
tenant in 1980 was Rs. 50 and now at present time he pays the amount of Rs. 20000
as rent to defendant
4. That plaintiff has earned a good reputation and goodwill for his shop and earns a
good amount of income from this shop because of its goodwill and location
5. That defendant on 1st August 2018 asks the plaintiff to vacate the respected shop as
he wishes to give the shop to his son in order to start his own business
6. That as the plaintiff has worked really hard to make a good name of the shop and a
goodwill so he do not want to vacate the shop.
7. That in order to make no loss to defendant the plaintiff has offered the defendant to
sell his shop to him at whatever price he wants.
8. That the defendant did not agree to sell the respected shop to plaintiff and again
asks him to vacate his shop as soon as possible
9. That as the plaintiff is working in the shop for more than 50 years he does not vacate
the shop and again offers the defendant to sell the respected shop to plaintiff in
whatever amount he wants to.
10. That on not vacating the respected shop, the defendant along with his wife and son
visits the shop on 10th August 2018 and fights with plaintiff and abuses him in front
of plaintiff’s customer and creates nuisance in the shop
11. That after such fight and nuisance created by defendant and his family in plaintiffs
shop the plaintiff files a F.I.R againt the defendant in prem nagar police station.
12. That the policeman incharge denied to lodge the F.I.R.
13. That after the policeman denied to lodge the F.I.R plaintiff decided to write an
application to SSP but the SSP did not repond for the same.
14. That after SSP did not respond to the application plaintiff decided to write an
application to the magistrate which was also not responded by him.
15. That after he got no response from policeman,SSP and magistrate he decided to file
a suit against the defendant
16. That the cause of action for the present suit arose within the jurisdiction of this Ld.
Court as aforesaid where the defendant threatened the plaintiff along with his family
in plaintiff’s shop in front of plaintiff’s customer and orderd him to vacate the shop
at that time. Hence this Ld. Court has jurisdiction to entertain here and decide the
same
17. That the defendant is liable to pay plaintiff an amount of Rs. 90 lacs for causing the
plaintiff mental harassment, threatening him and making nuisance in plaintiff’s shop.
For the goodwill, name, fame and location of the shop that plaintiff has earned due
to his 50 and more years of hardwork.

Plaintiff prays a decree against the defendants for the following reliefs:-

For a recovery of Rs. 90 lacs from the defendant to the plaintiff

Cost of suit
Any other relief in addition to or substitution thereof as the Ld. Court made deem fit
and proper in the circumstances of the case in favour of the plaintiff.

Dated Plaintiff through its

Authorised signatory

I, Omji Nathu plaintiff do hereby verify that the contents of the above plaint in paras
1 to 17 are partly true to my own knowledge and partly true on the basis of legal
advice received, which I believe to be true.
Verified at Dehradun on day of , 2018
Plaintiff through its
Authorised signatory

In the court of Civil Judge (S.D.), Vikas Nagar, Dehradun

 O.S. No. Of 2018

Omji NATHUS
Vs.
SHIV KUMAR BANSAL

Affidavit of Omji Nathu S/o Badam Nathu R/o hno 228 street 12 near BFIT college
sudhovala, Dehradun.
………….deponent
I the deponent above named do hereby make an oath and state as under:-

1.That the deponent is plaintiff and is duly authorised to sign and verify the plaint and
present the same and is acquainted with the facts deposed to below.

2.That the plaintiff has filed the present suit against the defendant for recovery of
amount.

3.That true facts have been stated in the plaint which are not being repeated herewith
for the sake of brevity and the same should be read and understood as an integral part of
this affidavit

4.That the suit of plaintiff is liable to be decreed for the relief’s claimed.

……………deponent
I the deponent above named do hereby verify on oath that the contents of the
above affidavit in paras 1 to 4 are true to my own knowledge. Nothing material has
been concealed and no part of it is untrue. So help me god.
Verified at Dehradun 26th august, 2018.
…………….deponent