Draft of a Plaint [Sample]

MEMO OF PARTIES

 

Mrs. Shabnam, W/o Mr. Kayyum, r/o Bhagwati Kunj, Nagla Sherkhan, Meerut                          ….Plaintiff/ Petitioner

Versus

Mr. Shamshad, s/o Mr. Sohil Khan, r/o Mohalla crazy Pura,Nagar Palika-9, Meerut                 …Defendant/Opposite Party

 

In the Court of Hon’ble Civil Judge, District Court, Meerut

 

Case No. ……/2017

 

Smt. Shabnam W/o Kayyum, resident of Bhagwati Kunj, Nagla Sherkhan, Meerut,       .………..……Plaintiff/Petitioner

Versus

 

Sri Shamshad S/o Sri Sohil Khan , resident North of Mohalla crazy Pura, Nagar Palika, 9, Meerut,               ……….…………Defendant/Opposite party

 

Suit for eviction from North of Mohalla crazy Pura, Nagar Palika,-9, Meerut filed U/s 20 sub-section (2), clause (a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act.

 

The plaintiffs above named begs to state as follows:-

  1. That Mrs. Bano and Mrs. Kaneez transferred their respective portion of the property to Mrs. Shabnam through registered sale deed.
  2. That Mrs. Shabnam became the rightful owner of the property after such transfer and subsequently became the landlord and rightful claimant of the rent and other municipal taxes from the defendant.
  3. That the rent of the said premises was being paid by the defendant. The rent amounted to Rs. 75 and included water tax of Rs. 7.50 per month and Rs. 0.93 per month as house rent and therefore the total amount of rent to be paid per month was Rs. 83.43.
  4. That the defendant being the tenant refused to pay the rent from the date of the transfer of property to the plaintiff.
  5. That despite notice being served, the defendant denied to pay the rent to the plaintiff from the month of March, 2017.
  6. That as per Section 20 sub-section (2), clause (a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent And Eviction) Act, 1972, the tenant will be evicted for default in the payment of rent for a period of four months after service of the one-month prior notice.
  7. That the tenant has failed to pay the monthly rent from the month of April, 2017 and hence the defendant became the defaulter and liable to be evicted from the property of the plaintiff as described in the Schedule.
  8. That the petitioner sent a legal notice dated _______ to the defendant on his address, north of Mohalla crazy Pura, Nagar Palika nine, Meerut, through speed post vide receipt no. KL582930765IN for the payment of rent due from the month of March 2017.
  9. That despite the service of notice and repeated requests of the plaintiff, the defendant failed to comply with the same.
  10. That the cause of action arose on 01.07.17 when the opposite party failed to pay rent of four consecutive months to the petitioner and on the day of the delivery of the legal notice dated ______.
  11. That the plaintiff prays:-
  • To evict the defendants/opposite party from property mentioned in the schedule and be ordered to hand over the same to the plaintiff/petitioner.
  • To direct the defendant to pay the due monthly rent of Rs. 500.58/- from the month of March 2017 to September 2017 and the rent that will accrue during the pendency of the suit, inclusive of the house rent and water tax and other municipal taxes.
  • For a decree for any other relief or reliefs to which the plaintiff was entitled under the law and equity.

 

 

VERIFICATION

Verified at _________on this   ___ day of          September, 2017 that the contents of the Affidavit are true and correct to my knowledge and that no part of it is false and nothing material has been concealed therefrom.

 

DEPONENT

 

 

 

 

 

In the Court of Hon’ble Civil Judge, District Court, Meerut

Case No. ……/2017

 

Smt. Shabnam W/o Kayyum, Bhagwati Kunj, Nagla Sherkhan, Meerut,             .………..…… Plaintiff/Petitioner

Versus

Sri Shamshad S/o Sohil Khan, resident North of Mohalla crazy Pura, Nagar Palika, 9, Meerut,               ……….…………Defendant/Opposite party

 

AFFIDAVIT

I, Smt. Shabnam D/o Sohil Khan resident of Bhagwati Kunj, Nagla Sherkhan, Meerut, do hereby solemnly affirm and declare as follows:-

  1. That I am the plaintiff/ petitioner of this suit and am conversant with the facts and circumstances of the present case, and competent to swear this affidavit.
  2. That the statements made herein above are true to the best of my knowledge, belief.
  3. That the contents of the Affidavit are true and correct. That the annexures are true copy of their respective originals.
  4. That I signed it on this day of 10th day of June 2017 at Civil Court, Meerut.

 

 

 

Deponent

VERIFICATION

Verified at _________on this   10th day of _____September, 2017 that the contents of the Affidavit are true and correct to my knowledge and that no part of it is false and nothing material has been concealed therefrom.

 

 

 

DEPONENT

 

 

 

 

 

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Debolina Roy

Debolina is a final year law student at UPES, Dehradun. She aspires to become a litigator. Being an envrionmentalist she aims at serving and taking steps for preserving the environment. She lives by the motto of 'Nation First' and aims at bringing change for the benefit of our country.

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