Suit For Recovery Of Possession & Money Claim 1121 - Legal Draft

         Versus
Shri __T__N__T             )
age 40 years, occupation - service, ) Defendant
resident of 250 Budhwar Peth,     )
PUNE 411 002.     )

A SUIT FOR RECOVERY OF POSSESSION AND MONDY CLAIM
The plaintiff abovenamed 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 350 sft situate on the ground floor in the old building standing at CTS No. 250 of Budhwar Peth, Pune City.
2. That the property described in para 1 above is owned by the plaintiff, and the defendant is a monthly tenant in the said property.
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 has not paid the amount of monthly rent from January 200_., and thus, he has become a defaulter within the meaning, provision and interpretation of the Maharashtra Rent Control Act 1999.
6. That the defendant without the consent of this plaintiff also erected a permanent structure in the suit premises by providing a wall.
7. That the defendant has already acquired a spacious flat in the Swanand Cooperative Housing Society at Kothrud, and the defendant has shifted his residence there and kept the suit premises duly locked for more than two years.
8. That there are as many as twelve members in the family of the plaintiff, and since the premises in possession of the plaintiff are inadequate and insufficient, he requires the suit premises for his personal bonafide occupation.
9. That the plaintiff served upon the defendant a notice, on      calling upon him to vacate the premises and hand over vacant and peaceful possession thereof unto the plaintiff, but the defendant refused to do so, and hence, this suit.
10. That the defendant has also been very irregular in making the payment of monthly rent, and sometimes he pays the rent occasionally or for a period of 4/5 months.
11. That even though the defendant has been using the premises for so many years, he keeps the same in a dirty condition.
12. Particulars of Money Claim :          Rupees
(A) Arrears of Rent from 1.1.200.. to
31.12.200_ @ Rs. 150/- per month          1,800/-
(B) Amount of Mesne Profits from 1.1.200_
to 31.1.200_~@ Rs. 150/- p.m.              150/-
(C)Notice Charge          450/-
(D)Total Amount Due and Claimed   2,400/-
(E) Less Amount Received_         _ - NIL -
(F) Net Amount Due and Claimed    2,400/-
13. That the plaintiff so far several attempts so as to recover the arrears of rent even by asking the defendant to make the payment in instalments, but the defendant has never taken anything seriously and sincerely, and hence this suit.
14. 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.
15. 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.
16. That the suit is valued at Rs. 1,800/- that being the amount equal to 12 months' rent, and a separate court fee on the amount of money claim has been paid herewith.
17. That the plaintiff, therefore, prays that -

(A)A decree of eviction be passed against the defendant;
(B)Vacant possession of the suit premises be restored to the plaintiff;
(C)The defendant be ordered to pay unto this plaintiff the amount of money claim and also mesne profits @ Rs. 150/- p.m. from the date of filing this suit till recovery of possession;
(D) The costs of this plaintiff be paid from the defendant; and
(E) Any other orders in the interest of justice be kindly passed.
Pune,
Sd/- LND
Dated:    ..        PLAINTIFF
Sd/- xXx
ADVOCATE FOR PLAINTIFF