IN THE COURT OF SUB DIVISIONAL OFFICER, DEOGHAR

CASE NO.__________OF 2023

In the matter of:

Mrs. Rupashree,
W/o Amitabh Mishra
R/o Bachpan play school,
Opposite Indian Bank Zonal Office
Shrikant Road, Belabagan
Deoghar – 814112 -------------Plaintiff

Versus

Mrs. Minu Singh

W/o Lt. Ashok Singh
R/o A/14, Hanuman Nagar,
Kankarbagh, Patna - 20 -------------- Defendant

SUIT FOR RECOVERY OF POSSESSION, ARREARS OF RENT, MESNE PROFIT,

DAMAGES, MANDATORTY AND PERMANENT INJUNCTION

Most Respectfully Showeth:

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 1. That the plaintiff is the owner of the premise being Plot No. 257, 148 and 155

(corresponding to Town Plan, Plot No. 1475 (B)), Ward No. 10, Mauza

Madarichak, Belabagan, Deoghar and along with her husband also conjointly owns

Plot No. 359. Ward No. 7, Mauja Maheshmara No. 250, Near Nandan Pahar,

Deoghar.

2. The Defendant is the Director of Mount Carmel High School, Patna and also is

the secretary of Lord Budha Eductional and Social Development Sansthan.

Defendant at present runs a chain of educational institutions across Bihar and is

responsible for the administration of all such institutions. Defendant being the

secretary holds a very influential position in the said administration and has a strong

say on any issues dealt by the Lord Budha Eductional and Social Development

Sansthan.

3. That the Defendant through its representative named Manohar S/o Umesh

Verma in 2018 approached the Plaintiff and represented, that the Defendant is in the

business of running, managing, and operating schools named “Mount Carmel High

School” and showcased her school located in Kankarbagh, Patna, in order to

ascertain her credentials to the Plaintiff.

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 4. The defendant further represented that they had been looking for

accommodations in order to open a branch of their school i.e. “Mount Carmel High

School” in Deoghar. In lieu of which, offered to take the Ground, First and Second

Floor Plot No. 257, 148 and 155 (corresponding to Town Plan, Plot No. 1475

(B)), Ward No. 10, Mauza Madarichak, Belabagan, Shrikant Road, Deoghar

comprising of Six Classrooms, Two Office rooms, Two common Passage, One

Hall, Three Toilets and an open space, etc. on lease for a period of 11 months from

plaintiff.

5. The plaintiff agreed to the said offer of the Defendant and through a notarized

agreement dated 06th February 2018 handed over the possession of the mutually

agreed space to the defendant for running their school.

(A copy of the agreement is annexed and marked as ANNEXURE A)

6. That the defendant post execution of the agreement inaugurated “Mount Carmel

High School” on the above mentioned premise and in accordance to the condition

No. 5 of the rent agreement issued two cheques numbered 000475 dated 15/02/18

and 76964 against the rent for the month of February and March.

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 (A copy of the bank statement of the plaintiff is annexed herewith and marked as

ANNEXURE B)

7. That after two months of the agreement, the defendant in the month of April

2018 citing space constraint as a reason requested a bigger space from the plaintiff.

In furtherance of the request, plaintiff showcased her second property located at

Plot No. 359. Ward No. 7, Mauja Maheshmara No. 250, Near Nandan Pahar,

Deoghar.

(Hereinafter referred as “The Suit Premise”)

8. That the plaintiff before showcasing The Suit Premise to the defendant

conveyed the fact that the said premise was being used to run her own institution

named “Mother Touch International School”. The Plaintiff also conveyed the fact

that although she was the owner of the suit premise, but her school was under the

administration of four members. In order to get the suit premise on lease, the

existing institution has to be discontinued. Therefore the decision whether to grant

or refuse, the lease of the suit premise had to be taken conjointly by all four

members namely Mamta Jha, Santosh Raj Yadav, Rupashree and Kamlakant Jha.

(A copy of the certificate issued to “Mother Touch International School” is hereby

attached and annexed as ANNEXURE C)

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 9. In furtherance of the consensus between the plaintiff and defendant, the plaintiff

forwarded the defendant’s offer to obtain lease upon the suit premise to the other

three members.

10. The other three members of “Mamta Trust Global Educational &

Charitable Trust” along with the plaintiff begun their institution named MOTHER

TOUCH INTERNATIONAL SCHOOL in 2015. And in between 2015 to 2018

aforesaid members had invested roughly a sum of Rs 80, 00,000/- (Rupees Eighty

Lakh only). After receiving the offer of the defendant all the three members

conjointly agreed to extinguish their respective claims on the running institution but

in return demanded a sum of Rs 1, 60, 00,000/- (Rupees One Crore Sixty Lakh

only) from the plaintiff i.e. twice the invested amount.

(The annual financial statements showcasing the investment is hereby attached

and marked as ANNEXURE D)

11. The plaintiff was shocked to receive such an unlawful and coercive demands

from the other three members. Since, the said invested amount was a mutually

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 agreed investment done voluntarily in the business, therefore the Plaintiff held

no personal liability against the said invested amount.

12. In any given circumstance the claim of the members could never have

exceeded the invested amount. But the three members, with the intention to

coerce and cheat, demanded such an exorbitant amount from the plaintiff for

extinguishing their claim and for peacefully vacating the suit premise.

(The copy of the demand dated 26/06/2018 by the three members of Rs 1, 60,

00,000/- (One Crore Sixty Lakh only) is hereby attached and marked as

ANNEXURE E)

13. As the plaintiff owed no legal liability against the other three members thus

the plaintiff declined to accept the said coercive demand. After declining the

coercive claim, the plaintiff communicated the said arbitrary demand of the

members to the defendant.

14. The plaintiff duly provided the defendant an option to either to pay the said

claim as a token for obtaining The Suit Premise on lease which would later

be settled according to the new terms and conditions of the fresh lease

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 agreement in respect to The Suit Premise or to continue the lease on the

existing premise situated in Ward No. 10.

15. The tenure of the lease at the property located in Ward No. 10 lasted from

06/02/2018 to 10/07/2018 i.e. for five months but the rent as mentioned above

was only paid for a period of two months thereby creating an arrear of Rs 1,

80,000/- (Rupees One Lakh Eighty Thousand only) i.e. the rent for the

remaining three months

16. The defendant considering the business potential of the suit premise thereafter

agreed to pay the claim of the other three members in order to gain an

exclusive lease and through multiple modes such as cheques, RTGS, etc.

transferred a sum of Rs 1, 70, 00,000/- (Rupees Once crore Seventy Lakh

only). The detail of which is given below:

Sr. No. MODE DATE AMOUNT RECEIPIENT

1 CHEQUE 07/04/2018 50 LAKH Mr.Amitabh Mishra

(264111)

2 RTGS 26/06/2018 59 LAKH Mrs. Rupashree

3 CASH 26/06/2018 01 LAKH Mrs Rupashree

4 CHEQUE 28/07/2018 10 LAKH Mr. Santosh Raj Yadav

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 (076966) & Mrs Mamta Jha

5 CHEQUE 28/08/2018 10 LAKH Mr. Santosh Raj Yadav

(076967) & Mrs Mamta Jha

6 CHEQUE 28/09/2018 10 LAKH Mr. Santosh Raj Yadav

(076968) & Mrs Mamta Jha

7 CHEQUE 28/10/2018 10 LAKH Mr. Santosh Raj Yadav

(076969) & Mrs Mamta Jha

8 CHEQUE 28/11/2018 10 LAKH Mr. Santosh Raj Yadav

(076970) & Mrs Mamta Jha

9 CHEQUE 28/12/2018 10 LAKH Mr. Santosh Raj Yadav

(076971) & Mrs Mamta Jha

17. It is pertinent to mention that the Plaintiff as agreed, after receiving the

funds through cheque numbered 26411 and RTGS done on 26/06/18 duly

forwarded it to the other members, thereby extinguishing their all/any rights

over the suit premise. After having received ta total amount of Rs

1,60,00,000/- (Rupees One Crore Sixty Lakh Only) all the other members

extinguished their claim over the suit premise.

18. On mutual trust and understanding the Plaintiff ensured that The Suit

premise was peacefully vacated and thereafter which peacefully transferred

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 the possession to the Defendant in order to shift her institution “Mount

Carmel High School” from Ward no. 10 to Ward No. 07.

19. Plaintiff while vesting the Defendant with the possession of The Suit

premise had categorically mentioned that any step which causes damage to

the existing infrastructure or any new construction on the premise should be

avoided at all cost as it would prima facie be void and unlawful. But despite

the expressed instructions Defendant by constructing new buildings and

offices has violated all such agreed conditions and thus has caused

irreparable loss to the existing infrastructure.

20. Plaintiff before handing over the possession of the suit premise to the

defendants requested to get a fresh lease deed registered based upon the

new terms and conditions. Some of the conditions agreed between the

Plaintiff and Defendant are as follows:

A) Considering the uncertainty that exists in the educational business the

term of the lease was kept to be of five years i.e. from 26/08/2018 to

26/08/2023.

B) Rent for the built up area and for the common area was decided to be

Rs 2, 84, 000/- (Rupees Two Lakh Eighty four Thousand only).

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 C) During the tenure of lease no damage to the existing structure was to

be ensured by the defendants.

D) No construction on the suit premise was to be done on the suit premise

by the defendants.

E) The non-leased portion of the suit premise on which the staff quarter

was built was not to be hindered in any manner.

F) Basic amenities such as right to passage, water, etc. was to be

provided to the Plaintiff’s staff and his family.

21. Defendants citing the amount paid to the Plaintiff and the other members

requested the plaintiff to not be impatient for the registration of a lease and

thus using the warm relation and mutual trust circumvented the registration of

a new lease in relation to the suit premise.

22. Defendant thereafter initiated the functioning of their school i.e. “Mount

Carmel High School” on the suit premise and since 2018 is peacefully running

her institution without any hindrance.

23. Since 2018 the plaintiff even without a registered lease deed, solely relying

upon the trust and faith have been bearing all the liabilities of a lessor rising in

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 relation to the suit premise. All liabilities in relation to the suit premise such

as taxes, maintenance, etc. have been borne by the plaintiff.

(All the tax receipts are hereby attached and marked as ANNEXURE F)

24. Plaintiff on multiple occasions had requested the defendants to get a lease

deed registered but the Defendant had continuously prolonged the registration

through excuses such as low revenue of their institution, Covid lockdown,

Personal health etc.

25. Defendant not only failed to register the lease deed but also during 2018 to

2023 by constructing new establishments on the suit premise, and by depriving

the family of the staff residing on the non-leased portion of the suit premise of

water and electricity have violated each and every agreed conditions of the

lease.

26. On 28/06/2023 Defendant threatened the staff of the Plaintiff residing at the

suit premise to vacate the premise and also threatened to demolish the said staff

quarters built on the suit premise in order to have an absolute possession of the

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 suit premise. Plaintiff after receiving such a threat duly registered a complaint

at Nagar Thana Deoghar.

(A copy of the complaint is hereby attached and annexed as ANNEXURE G)

27. Defendants during their lease period had successfully got the electric meter

replaced and thus without any authorization from the Plaintiffs have modified

the electric records. As a result of which now the bill is generated on the name

of “Mount Carmel High School” instead of Plaintiff.

(An electric receipt dated 02/02/2006 is hereby attached and annexed as

ANNEXURE H)

28. Plaintiff despite of such fraud committed by the defendant, had through a legal

notice dated 27th June 2023 and 03rd October 2023 provided an opportunity to

amicably resolve all the prevailing issues. But instead of cooperating the

Defendant, replied with some unlawful justifications for their respective

actions.

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 29. That as of 28/09/2023 the Defendant after setting off the fund of Rs

1,70,00,000/- (Rupees One Crore Seventy Lakh only) is in arrears of rent

amounting to Rs. 5,68,000 /- (Rupees Five Lakh Sixty eight thousand only)

which is equivalent to the rent for 02 (two months). Rendering the total

arrear to Rs 7,48,000/- (Rupees Seven Lakh Forty Eight Thousand Only)

{568000 + 180000}.

30. It is submitted that the tenancy has not been resumed or restored and the

payment, if made after the date of notice does not amounts to novation of

tenancy. Since, the tenancy of the defendant stands terminated, therefore, the

defendant is liable to vacate the Suit premises and hand over the vacant

peaceful possession of the Suit premises in original condition forthwith

31. That beside the sum of mesne profit/damages for the periods of overstay in

the suit premise, the defendant is also liable to pay for the loss/damage caused

to the suit premise and the building on assessment at the time handing over

the vacant peaceful possession of the suit premise.

32. That to prevent the defendant from his nefarious design and also to prevent

the Suit being damaged or wasted, it is in the interest of justice that the suit

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 premise/suit premise be preserved by restraining the defendant from causing

any damage to the suit premise/suit premise.

33. That the cause of action arose in favor of the Plaintiff and against the

defendant on 26/08/2018 when the suit premise was agreed to be given on

lease to defendant for five years and the possession of the suit premises was

handed over to the Defendants. The cause of action further arose, when the

defendant despite agreeing and undertaking to adhere the terms of lease and

the settlement agreement failed to adhere the same and constructed

unauthorized structures over the suit premise, fabricated false documents to

modify the electricity records, depriving Plaintiff’s staff of water and

electricity. The cause of action further arose when the Plaintiff vide its notice

dated 27/06/2023 terminated the lease and called upon the defendant to vacate

and hand over the vacant peaceful possession of the suit premises, and the

defendant despite receipt of notice failed to vacate and hand over the vacant

physical possession of the suit premise in original condition to the Plaintiff.

The cause of action further arose when the defendant threatened to cause

damage to the suit premise. The cause of action is still subsisting and

continuing as the defendant is in illegal possession of the suit premises and

has not settled the arrears.

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 34. That the suit premise is situated within the jurisdiction of this Hon’ble Court

and the Plaintiff and the Defendant are working for gain in the jurisdiction of

this Hon’ble Court therefore this Hon’ble Court has jurisdiction to try and

entertain the present suit.

35. That the suit is valued for the purpose of court fees and jurisdiction at

_________________________, being the annual rent last paid, on which

court fee of ________________________ is being paid. The suit for the relief

of recovery of arrears of rent at Rs. 5, 68,000 /- (Rupees Five Lakh Sixty eight

thousand only) and on which court fee of ________________________ is

being paid. That the suit for the purpose of court fee and jurisdiction for the

purpose of injunction is valued at ___________ and fixed court fee of

____________ each is being paid. The Plaintiff undertake to pay deficient

court fee if any and the court fee on the sum of mesne profit/damages as

adjudicated by this Hon’ble Court.

36. That the Plaintiff has not instituted any other suit on same or similar cause of

action in any other court of law.

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 PRAYER

In view of the above facts and submissions, it is, therefore, most humbly

prayed that this Hon’ble Court be graciously pleased to: -

(i) Pass a decree in favor of the Plaintiff and against the defendant directing the

defendant to vacate the suit premise being at Plot No. 359. Ward No. 7,

Mauja Maheshmara No. 250, Near Nandan Pahar, Deoghar, and hand over

the peaceful vacant possession of the same to the Plaintiff.

(ii) Pass a decree in favor of the Plaintiff and against the defendant directing the

defendant to pay a sum of Rs. 5,68,000 /- (Rupees Five Lakh Sixty eight

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 thousand only) pendent lite and future interest @ 18 % per annum till

realization towards arrears of lease fee/rent.

(iii) Pass a decree directing the defendant to pay mesne profits and damages at

such rate as this Hon’ble court may determine for such period of overstay

from the date of institution of the suit till handing over the vacant peaceful

possession of the suit premise and also damages for the damage caused to

the suit premise and the building.

(iv) Pass any such order which this Hon’ble court may deem fit.

DATE:

PLACE: DEOGHAR PLAINTIFF

VERIFICATION

Verified on this 02nd day of September, 2023 that the contents of the paras 1 to

29 of preliminary objections of the above plaint are true and correct on the basis

of information received and believed to be true correct to the best of my

knowledge and belief and nothing material has been concealed therefrom.

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 PLAINTIFF

IN THE COURT OF SUB DIVISIONAL OFFICER, DEOGHAR

CASE NO.__________OF 2023

In the matter of:

Mrs. Rupashree, -------------------Plaintiff

Versus

Lord Budha Eductional and Social Development Sansthan - Defendant 1

And
Minu Singh ------ Defendant 2

SUIT FOR RECOVERY OF POSSESSION, ARREARS OF RENT, MESNE

PROFIT, DAMAGES, MANDATORTY AND PERMANENT INJUNCTION

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 AFFIDAVIT

I, Rupashree W/o Amitabh Mishra, R/o Belabagan Deoghar do hereby affirm

and declare as under:

1. That I am well conversant with the facts and circumstances of the

case and hence competent to swear and affirm the present affidavit.

2. That the accompanying plaint has been drafted by my counsel under

my instructions and the contents of the same have been read over and

explained to me in vernacular and the same are true and correct to the best

of my understanding and belief and nothing material has been concealed

there from and may be read as part and parcel of the present affidavit.

DEPONENT

VERIFICATION

Verified at Deoghar on this day of January, 2020 that the contents of the

above affidavit are true and correct.

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 DEPONENT

IN THE COURT OF SUB DIVISIONAL OFFICER, DEOGHAR

CASE NO.__________OF 2023

In the matter of:

Mrs. Rupashree, -----------------------------------Plaintiff

Versus

Lord Budha Eductional and Social Development Sansthan ------------- Defendant 1

And
Minu Singh --------------------- Defendant 2

SUIT FOR RECOVERY OF POSSESSION, ARREARS OF RENT, MESNE PROFIT,

DAMAGES, MANDATORTY AND PERMANENT INJUNCTION

LIST OF DOCUMENTS

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 Sr. No. PARTICULARS PAGE NO.

1 A copy of the agreement is annexed and marked as 18

ANNEXURE A

2 A copy of the bank statement of the plaintiff is 19

annexed herewith and marked as ANNEXURE B

3 A copy of the certificate issued to “Mother touch 20

International School is hereby attached and annexed

as ANNEXURE C

4 The annual financial statements of the Trust 21

showcasing the investment is hereby attached and

marked as ANNEXURE D

5 The copy of the demand dated 26/06/2018 by the 22

three members of Rs 1, 60, 00,000/- is hereby

attached and marked as ANNEXURE E

6 All the tax receipts are hereby attached and marked 23

as ANNEXURE F

7 A copy of the complaint dated 28/06/23 is hereby 24

attached and annexed as ANNEXURE G

8 An electric receipt dated 02/02/2006 is hereby 25

attached and annexed as ANNEXURE H

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 PLAINTIFF

DATE

PLACE: DEOGHAR

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