A SUIT FOR RECOVERY OF POSSESSION & ARREARS OF RENT

IN THE COURT OF THE SMALL CAUSES JUDGE, PUNE AT PUNE

Civil Suit No. _/ 200_
Smt _M_V_D_ )
age 50 years, occupation - business, ) Plaintiff
resident of 60 Erandwane, )
PUNE 411 004. )
Versus

Shri _V_M__L_ )
age 40 years, occupation - service, ) Defendant
resident of 600 Rasta Peth, )
PUNE 411 011. )

A SUIT FOR RECOVERY OF POSSESSION AND ARREARS OF RENT

The plaintiff above named submits this plaint, praying to state as follows:
1. Description of Suit Property : All that piece and parcel of premises consisting of
three rooms along with attached sanitary block totally admeasuring 900 sft situate on
the ground floor in the old building standing at CTS No. 600 of Rasta Peth, Pune
City.
2. That the property fully described in para 1 above is owned by the present
plaintiff, and the defendant is a monthly tenant therein.
3. That the month of tenancy is according to the English calendar, commencing
on the first day in a month and ending on the last day of the same month.
4. That the monthly rent for the suit premises is @ Rs. 150/- exclusive of all other
charges and taxes.
5. That the defendant was irregular in making the payment of the rent from the
beginning, and on that account, the plaintiff had previously filed a civil suit against
the defendant for possession in the Small Causes Court, Pune, and eventually the
said suit came to be compromised. In that suit, the defendant had given in writing
an undertaking that he would be paying the rent regularly, i.e. month to month
basis.
6. That irrespective of that, the defendant is irregular in the payment of rent and is
in the habit of paying the rent occasionally and pays the rent for a period of 5/6
months or sometimes even 8/9 months also. Thus, the defendant has become a
defaulter in the payment of rent, as he failed to observe the terms and
conditions of the compromise arrived at by and between the parties in the
previous civil suit No. 420/1996.
7. That the defendant is occupying the suit premises for the last thirty years, and
from the beginning, he using the suit premises in such a fashion so as to cause
damage and waste to the said property. Of the late, the defendant has demolished
the wall between the two rooms, and he has fixed a door. He has also demolished
another wall and fixed a window therein. While doing so, he has not obtained any
permission of the plaintiff. Thus, the act of the defendant in demolishing the
walls and constructing or erecting door and window amounts to breach of the
provisions of the Maharashtra Rent
Control Act 1999.
8. That the defendant without any permission of this plaintiff has constructed
permanent partitions in the suit premises.
9. That the defendant has taken a water connection from the adjacent property
without the consent of this plaintiff. In doing so, he has
caused damage to the suit property, as he was required to lay down the pipeline from
the adjacent property.
10. That the suit premises are admeasuring 900 sqft, while the family of the
defendant consists of only three members. On the other hand, the plaintiff is carrying
on a business on the first floor and running a lodge there. The plaintiffs two sons
are looking after the said business. The nature of the said business is such that
one of the sons should be residing permanently in the suit property only.
However, there is no other premises available for occupation, and the suit property
is, therefore, required by the plaintiff for her and her family members for her bonafide
personal occupation. Similarly, the area of the suit premises being 900 sqft, the
defendant is not in need of so large premises, and hence, the suit premises are much
more than the actual need of the defendant.
11. That the defendant is using premises in such a fashion that he is causing
nuisance and annoyance to the other tenants as well as lodgers.
12. That the defendant is in the habit of making false complaints to the Pune
Municipal Corporation and is trying to harass this plaintiff. The defendant has
recently made a false complaint to the Pune Municipal Corporation seeking a
permission for urgent repairs in respect of the suit premises. The defendant
managed to get the authorities of the Pune Municipal Corporation moved in that
behalf, and accordingly, a notice by the Pune Municipal Corporation has been
served on this plaintiff.
13. That present plaintiff also served a notice on the Pune Municipal
Commissioner, informing the factual position and has made it clear that there is no
such necessity of urgent repairs. However, the defendant is instigating the Pune
Municipal Corporation authorities for taking action against the plaintiff. Thus, the
behaviour of the defendant amounts to nuisance.
14. That for the reasons stated above, the plaintiff also served a notice on the
defendant through her lawyer, on , terminating the tenancy of the defendant
and calling upon him to vacate the suit premises and hand over vacant and peaceful
possession of the same by the end of March 200 , but even though the defendant
has duly received the said notice, he did not even care to reply the same, and also not
vacated the suit premises, and hence, this suit.
15. Particulars of Claim :
Rs. 2,000/-_ Arrears of Rent.
Rs. 2,000/-_ Mesne Profits.
Rs. 1,000/- _ Notice Charges.
Rs. 5,000/- _ Total Amount Due and Claimed
Rs. -NIL - _ Amount Less Received
Rs. 5,000/- _ Net Amount Due and Claimed

16. That the cause of action for the present suit first arose on __________, when the
defendant refused to vacate the suit premises, and the same has since then been
arising every day thereafter, and hence, the suit filed today is well within
limitation.
17. That the property is situate within the local limits of the jurisdiction of this court,
and hence, this Hon'ble Court has jurisdiction to try and decide this suit.
18. That the proper court fee is paid herewith.
19. That the plaintiff, therefore, prays that -

(A)It be ordered that the defendant should vacate the suit

premises;
(B)The arrears of rent be recovered from the defendant;
(C)Vacant possession of the suit premises be restored to the
plaintiff; \
(D)The defendant be ordered to pay unto this plaintiff the amount of money claim and
also mesne profits @ Rs. p.m. from the date of filing this suit till recovery of
possession;
(E) The costs of this plaintiff be paid from the defendant; and
(F) Any other orders in the interest of justice be kindly passed.

Pune, Sd/- MVD

Dated: __________ PLAINTIFF

Sd/- x X x ADVOCATE FOR PLAINTIFF

VERIFICATION
I, Smt. MVD, the present opponent, do hereby state on solemn affirmation that the
contents of this statement in paras 1 to 19 are true and correct to the best of my
knowledge and belief, so I have signed hereunder.

Sd/- MVD PLAINTIFF