SUIT FOR PERMANENT INJUNCTION RESTRAINING THE DEFENDANTS FROM
DISPOSSESSING THE PLAINTIFF WITHOUT FOLLOWING THE PROCESS OF LAW FROM A
SHOP LET TO HIM IN................................ AND FOR MANDATORY INJUNCTION DIRECTING THE
DEFENDANT NO........... TO RESTORE
AND RE-CONSTRUCT THE OUTER BOUNDARY WALL AND THE GATE TO THE HEIGHT
OF.............. FROM THE PRESENT.[CD1]
IN THE COURT OF DISTRICT
JUDGE....................
Suit No..................... of
19........................................
C.
F................................................................... Plaintiff
versus
C.
D............................................................... Defendant
Respectfully showeth:
1.
That the defendant No. 1 is the father and
defendants No. 2 to 4 are his sons, who purportedly constitutes H. U. F.
2.
That the defendant No........ is the owner of
house No...... as per Sale Deed dated......... who rented a shop therein to the
plaintiff in............. on a monthly rent of Rs......... The specification of
the shop are described in the plan attached hereto.
3.
That the................. being situated
adjoining to.................... on..................has become an important
market for sale and storage of oils and lubricants.
4.
That the plaintiff is ever since carrying his
business of lubricants and Petroleum products in the said shop and is a
registered dealer.
5.
That the plaintiff has been paying regularly the
stipulated rent to defendant No................. normally by cheques, the
latest being No................... for Rs............................. and
No........................ for
Rs.............................
6.
That the said defendant/landlord issued last
receipt to the plaintiff in respect of rent from............................
and did not issue any for cash paid to him in lieu of cheque
No............................
for Rs.............................
7.
that the accommodation in the oil market
of........ has become scarce, giving rise to rent and ‘Pagri’. The defendant No......... has also not been able to resist
this temptation and has become greedy. That is why he is on a look out to oust
the plaintiff from the said shop and as the plaintiff learnt, he has also not
presented the aforesaid cheques No........... to the plaintiff’s banker for
encashment. If he does so by following the process prescribed by law, the
plaintiff will be willing to face the consequences.
8.
That the defendant
No............................. appears to have decided to take the law in his
own hand with the assistance of defendant No............................. and
to take possession of the premises forcibly from the plaintiff.
9.
That in the afternoon
of............................. when the plaintiff had gone to a nearby shop,
the defendants with the help of a few labourers got the outer boundary wall and
the entrance of the shop demolished from its height of 6 feet, when the
plaintiff rushed back on information and agitated they proclaimed and
threatened to have the shop vacated forcibly. The plaintiff lodged a report
with the Police Squad and with the arrival and intervention of the police
forcibly eviction of the plaintiff was averted and the defendants assured to
restore and re-built the boundary wall and the gate to the same height of 6
feet, and width to ensure safety of the plaintiffs goods inside the open
frontage. The local Police then called the plaintiff to the Police Station and
got his signautre on a writing allegedly a compromise.
Thereafter
on............................. the plaintiff came to his shop in the evening
and found that the construction of the boundary had been raised only to 3-1/2
feet and the width of the gate reduced by 2 feet to prevent entry of light
vehicles.
10.
That the plaintiff contacted the defendants to
redeem their assurance, their tone was found to be aggressive and hostile,
which cause apprehension in the mind of the plaintiff that he is likely to be
deprived of his lawful possession of the premises any moment. The plaintiff
approached the Local Police for restoration of his boundary wall in the
original height as his goods are not safe with the defendants again promised to
raise its height in due course, when they get a Mistri,
11.
That on............................ when the
plaintiff went to handover the cheque No............................. for
Rs............................. for clearance of up-to-date rent, the
defendants refused to take it and again threatened to forcible eviction of the
plaintiff from the shop.
12.
That the plaintiff is a lawful occupant and
tenant of the shop and is a law abiding citizen, whereas the defendants are
wealthy landlords, who believe in taking the law into their own hands by use of
force and muscle power and hence this suit.
13.
That the cause of action has accrued to the
plaintiff from the bundle of facts, acts and conduct of the defendants
mentioned in the para............................ above.
14.
That the tenanted premises is situated
in............................. where the parties also reside and work for
gain. This Hon’ble Court has therefore, jurisdiction to entertain and try the
suit.
15.
That the value of the suit property is assessed
at Rs............................. for which a court fees of
Rs............................. for the relief of permanent injunction and
another Rs............................. for the relief of mandatory injunction
are affixed on the plaint.
PRAYER
It is, therefore, respectfully
prayed that this Hon’ble Court may be pleased to grant a decree for permanent
injunction restraining the defendants from dispossessing the plaintiff
otherwise than by following the process of law, from the tenanted shop as per
specification given in the site plan and from interfering in the plaintiff’s
peaceful use and enjoyment thereof.
(b) a
decree for mandatory injunction directing the respondent No.
............................ to
restore and reconstruct the outer boundary wall and the entry gate of the shop
to its original height of............................ feet’ from the present
of............................ feet reduced and demolished by him and his men
on............................ and to restore the original width of the entry
gate to............................ feet.
(c) such
other relief, which this Hon’ble Court may deem fit and proper may also be
granted to the plaintiff in the interest of justice.
Place............................
Plaintiff
Dated............................
Through
Advocates
VERIFICATION
Verified
at............................ on this day of............................
19............................ that the contents of
paras............................ to............................ of the plaint
are true and correct to my
knowledge and those of paras ............................
to............................ of the plaint are correct on the information
received and believed to be true. Last para of the plaint is a prayer clause to
this Hon’ble Court by the plaintiff.
Place:
Plaintiff.
Dated:
[CD1]SUIT FOR PERMANENT INJUNCTION RESTRAINING THE DEFENDANTS FROM
DISPOSSESSING THE PLAINTIFF WITHOUT
FOLLOWING THE PROCESS OF LAW FROM A SHOP LET TO HIM IN................................
AND FOR MANDATORY INJUNCTION DIRECTING THE DEFENDANT
NO........... TO RESTORE AND
RE-CONSTRUCT THE OUTER BOUNDARY WALL AND THE GATE TO THE HEIGHT
OF.............. FROM THE PRESENT.
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