IN THE HON’BLE COURT OF ________
DELHI
Civil Suit no._________
IN THE MATTER OF:
Sushant …PLAINTIFF
VERSUS
Neha …DEFENDANTS
SUIT FOR EVICTION AND RECOVERY OF DAMAGES/MESNE
PROFITS.
MOST RESPECTFULLY SHOWETH:
1. That the Plaintiff had been married to the Defendant i.e Neha. Their
marriage got disputed due to certain factors and the defendant i.e.
Neha decided to move out and live separately in another alternate
accommodation.
2. It is humbly submitted upon the honourable court that the plaintiff is
the legal, actual, rightful and exclusive owner of the property
bearing House no. H-608, SUNCITY AVENUE, 102, SECTOR 102,
Gurugram , admeasuring _ sq. mtrs. i.e. ½ share of 83.62 sq. mtrs.,
hereinafter referred as ‘Suit property’.
3. It is humbly submitted upon the honourable court that plaintiff had
been paying the EMI of the said suit property. Documents Pertaining
to the payment of the EMI are annexed herewith. (Annexure- )
4. It is humbly submitted upon the honourable court that the
defendant had stolen the keys of the said suit property in question
and was living there without the permission of the plaintiff who has
been paying the EMI of the said suit property in question.
5. It is humbly submitted upon the honorable court that the plaintiff
had asked the defendant to vacate the said property on several
occasions but the defendant clearly denied to do the same.
6. That the defendant clearly is liable for trespassing the said suit
property in the absence of the plaintiff
7. That the cause of action first arose when the defendant went into
said suit property at first for living by stealing the keys of the said
suit property from the plaintiff.
8. That when the plaintiff countered the defendants, the defendant had
no reply.
9. That this caused a lot of mental agony and harassment for the
plaintiff.
10. That when despite repeated requests, reminders, visits,
demands and service of legal notice the defendants have failed to
evict the suit property and pay damages and that too without any
reason, cause or justification, the plaintiff was left with no other
alternative except to approach this Hon'ble court by virtue of instant
suit.
11. That cause of action for filling the present suit arose in favour
of plaintiff and against the defendant on all those dates when
defendant failed to evict the suit property, despite plaintiff’s
requests and visits then on ________when by virtue of legal notice
the license of defendants to enjoy the suit property was terminated
but they are still in the possession and had failed to vacate the
same. The cause of action therefore still subsists and is continuing.
12. That the Suit property is situated within the prescribed
territorial jurisdiction of this Hon'ble court therefore this has got the
jurisdiction to entertain and try the present suit.
13. That the valuation of the suit for the purpose of jurisdiction
and court fee for the relief mandatory and permanent injunction is
Rs. _________each and for the purpose of recovery of damages is Rs.
________The requisite court fee is been affixed along with the plaint.
14. That this Hon'ble Court has got the pecuniary jurisdiction to
entertain and try the instant suit.
15. That present suit has been filed within the statutory period of
limitation.
PRAYER:-
The plaintiff therefore prays that the Hon'ble Court may be pleased
to grant a decree for vacant possession of the plaint schedule
property after ejecting the defendant from the plaint schedule
property and award future profits and award costs and such other
relief as the Hon'ble court deems fit and proper in the circumstances
of the case.
Be pleased to consider,
