PETITON FOR EJECTMENT OF TENANT ON THE GROUND OF CAUSING

NUISANCE

Before the Rent Controller Sh. Madhav Singla at Chandigarh

In the matter of

Siddharth Jindal, s/o Sunil Kumar, aged about 42 years,

Residing at #257,Sec 5, Chandigarh

……………(Petitioner)

Vs.

Raghav, s/o Suresh Kumar, aged about 50 years,

Residing at 1134 Model Town, Sector 15, Chandigarh

…………(Respondent)

Petition for Ejectment of

Tenant under section 20(2) (l)

on the ground of causing

nuisance.

MOST RESPECTFULLY SHOWETH

1. That the petitioner is the absolute owner of the residential premises bearing

municipal number 1134 detailed as 1134, Khasra No. 85, measuring 200X300 sq.

yards at YPS Colony, Model Town, Sector-15, Chandigarh. The said premise is of

commercial nature.

2. That the above noted premises were given to the respondent on rent at a monthly

rent of Rs. 15,000/- as mutually settled between the parties vide rent note dated 1st

May’ 2016.

3. That the terms and conditions of the said mutual agreement stipulated between the

parties it was made clear that the respondent would not do any such act, business or
 activities which is injurious to the petitioner as well as other neighbour and causes

nuisance to the petitioner and others. It was also made clear that the respondent

will not do any business involving narcotic drugs, wine etc. and strictly prohibited

from carrying business in selling meat or live animals or broilers.

4. That it is also pertinent to mention that the locality where the suit premises are

situated is residential cum commercial locality and there is a Shiva Temple just in

front if the said shop after a gap of 30 feet.

5. That after taking the premises on rent the respondent has opened a shop of

vegetable business and said shop was running smoothly and respondent was heavy

flourishing business and earning a lot. However, a month back the respondent,

wound up his business of vegetable vend and started business in selling live animals

like broilers and also selling meat of chicken, sheep, goats, etc. he has stored large

number or live broilers and has been hanging flesh of animals in large pieces. The

business is causing huge nuisance not only to the petitioner but to all the neighbour

and large number of persons visiting the temple. A foul smell is spread all over the

locality, causing continuous nuisance and making it difficult for them to even

breathe. The large chunk of persons who have been visiting the temple are

religiously and spiritually hurt and all of them are approaching the petitioner as to

why he has allowed the respondent to carry such business.

6. That the requirements as per rule 4 are as under;-

(a) Rent fixed by agreement; Rs. 15,000/- p.m.

(b) Whether fair rent has been fixed Yes, the rent deed was signed on 1st

under the Act and if so, the amount of May, 2016.

such fair rent and date from which it

took effect;

(c) The amount of arrears due and the Rs 45,000/- (3 months due)

period of default;

(d) In case of a residential building, the

number of persons occupying the

same and what portion, if any, is N.A.

 occupied by the landlord and his

dependents, and the number of

members who are residing with him

as his dependents;

(dd) In case of a non-residential building,

the extent of residential

accommodation which he owns or N.A.

otherwise is in his occupation in the

urban area concerned;

(e) In case of non-residential building or

rented land, the purpose for which

the building or rented land issued N.A.

and the number of employees, if any,

working therein; and

(f) Such other particulars as may be The respondent also damaged the

relevant to the relief sought in property amounting to Rs 12,000/-

application. which has also been demanded.

7. Other particulars as per Rule-6 are as under:-

(a) Name and number of the building or 1134 detailed as 1134, Khasra No. 85,

rented land, if any, or its description measuring 200X300 sq. yards.

and boundaries sufficient to identify

it;

(b) Street and Municipal ward or division YPS Colony

in which the building or rented land

is situated.

(c) Name and address of the landlord if Siddharth Jindal, residing at #257,

the particulars are furnished by the Sector 5, Chandigarh

tenant and name of the tenant, if the

particulars are furnished by the

 landlord;

(d) Whether the building is residential, Residential

non-residential

(e) Nature of amenities provided by the Parking

landlord to the tenant.

8. That the petitioner approached the defendant several times and requested him to

stop and wind up the said business immediately as it was a continuous nuisance to

the petitioner as well as to all the other neighbour and persons visiting the temple;

however the respondent paid no heed to its request and is adamant.

9. Cause of action arose to the petitioner firstly a month back when the respondent

started business of selling broilers and meat and other non vegetable products and

thereafter on several occasions when the respondent paid no heed to the request of

the petitioner and recently a day back when he refused to wind up his business and

openly declared to continue the said business.

10. That the suit premises are situated within the jurisdiction of this Hon’ble Court.

Therefore this Hon’ble Court has jurisdiction to entertain and try the present

petition.

11. That the required court fee has been affixed on the plaint.
 PRAYER

IN THE VIEW OF SUBMISSIONS MADE ABOVE, IT IS HEREBY MOST RESPECTFULLY

PRAYED

(a) That order of ejectment of the respondent from the premises namely1134, Khasra

No. 85, measuring 200X300 sq. yards at YPS Colony, Model Town, Sector-15,

Chandigarh may kindly be passed on the ground of causing gross nuisance by

carrying business in selling broilers, meat and other non vegetable products under

Section 24, may kindly be passed in favour of the petitioner and against the

respondent in the facts and circumstances of the case with cost.

(b) To pass any other further order which this Hon’ble Court may deem fit to and

proper in the interest of justice.

Siddharth Jindal

Dated- Petitioner

Chandigarh

Through Counsel

VERIFICATION

I Siddharth Jindal, son of Sunil Kumar, the above named petitioner, residing as above,

do hereby, solemnly state and declare that the contents of paras 1 to 9 are true to my

own knowledge and the contents of the remaining paras are based on the information

received and I believe the same to be true.

Solemnly declared as aforesaid at Chandigarh Petitioner

Dated this 16th day of September, 2016

 AFFIDAVIT

IN THE HON’BLE COURT OF RENT CONTROLLER, CHANDIGARH

Siddharth Jindal, s/o Sunil Kumar, aged about 42 years,

Residing at #257,Sec 5, Chandigarh

……………(Petitioner)

Vs.

Raghav, s/o Suresh Kumar, aged about 50 years,

Residing at 1134 Model Town, Sector 15, Chandigarh

…………(Respondent)

Affidavit of Siddharth Jindal,

S/o Sunil Kumar, aged about

42 years, R/o #257, Sec 5,

Chandigarh

The above named deponent do hereby solemnly affirm and declare as under

1. The above named deponent has filed the present petition in this Hon’ble Court of

Rent Controller, which is likely to be succeed on the grounds mentioned.

2. The contents of the petition may kindly be read as a part of the present affidavit.

3. That the contents of the petition have been read over to the deponent.

4. That the contents of the petition are true and correct to the knowledge and belief of

the deponent. No part of it is fault and nothing has been concealed.

Chandigarh Deponent

16.09.2016 (Siddharth Jindal)