Mr.

A claims to be the owner of the suit property located at Patel chowk, Delhi and by virtue
of which he let the first floor of his building to Mr. B, tenants in this case, on 28 th December,
2019 for residential purpose.
The rent agreement was a standard one which mentioned about the rent to be paid monthly
which was fixed at Rs. 10,000/- p.m. to be increased after every 6 months at the rate of 2%.
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 anybody. The defendant
is a month-to-month tenant.
The eviction clause mentioned that the property shouldn’t be used for any other purpose and
that the landlord can get it back for bonafide purpose or when rent is not paid timely.
On 29th May, 2020, the tenant served a registered notice to the tenant for terminating the
tenancy by the end of next month on the ground that the whole premise was being use for
Commercial purpose. It was learnt by Mr A that the premises is being used largely by Mrs. B,
wife of Mr. B for conducting her bakery classes and making cakes on a large scale with a
large sized oven been installed near the kitchen area. Further, it was also claimed that very
seldom the couple has stayed at their place or have used it for residential purpose. Further, it
was alleged that there have been arrears of rent for four months and that whenever Mr. A
tried to visit them either both were not at the premises or Mrs B was busy taking the classes
and Mr. B not in town.
In reply to this notice, the tenants denied the allegations in absolute terms and stated that due
to the export business of Mr B, he is mostly travelling and touring for business purposes and
so sometimes Mrs B also accompanies him and so the premise is left vacant for some time
period in between months. Further they stated that she is a home baker and so it is wrong to
claim that the premise is being used for commercial purpose. All the rooms except the
kitchen, is used for living purposes only. Regarding arrears in rent, it was stated that there has
been delay of two months and that they are ready to pay. Mr A has been seeking payment of
rent for two months in advance thereby making it count as four months. They also questioned
the ownership of Mr A with respect to the suit property as they had got the suit property on
rent via an agent.
Mr. A not being satisfied with the claims was planning to file a suit for eviction, that he
received a call from his mother, informing him that they have fixed Mr.A’s younger brother’s
marriage and they will be coming to Delhi within two months for all the functions along with
the relatives since the bride’s family resides in Delhi. Another registered notice was served
on 5th July to which the tenants replied to be false and made up for the purposes of evicting
them.
Inspite of the notices the defendant failed to vacate and hand over the plaint schedule
property to the plaintiff. Therefore, the plaintiff files the suit of eviction. The plaintiff has
further submitted that if the plaint schedule property is leased-out he will get sum considering
the present rents prevailing in the area.  Since the lease is terminated the tenants are liable to
pay damages for use and occupation at increased rate of 2%.
Draft a plaint clearly mentioning that which court has the jurisdiction and why and also about
the limitation period alongside the material facts, prayer, verification and affidavit and the
relevant documents to be attached.