Himachal Pradesh National Law University

​Name​ -- ​Nishchay Dutt

Course ​ -- ​B.B.A.-LLB (7​th​ Semester)

Subject​ -- ​PRINCIPLES OF DRAFTING, PLEADING AND

Roll No. -- ​1120171825

Submitted to -- ​Mr. Santosh Kumar Sharma

SUIT NO. 007 OF 2019

IN THE MATTER OF,

Mr.Ghasi Ram,

Sector 4/325, Jankipuram Vistar,

Lucknow, Uttar Pradesh……………………….……………..………………….PLAINTIFFS

VERSUS

Mr. Jagat Narayan,

Sector C, Vishal Khand,

Lucknow, Uttar Pradesh………………………….………………………………DEFENDANT

SUIT FOR EJECTMENT UNDER SECTION 20 0F U.P. Urban Building ( Regulation of

MOST RESPECTFULLY SHOWETH:

1. The plaintiff being the owner of building no. 42 of sector 17, Gomtinagar, U.P. let out the
portion of the said building to Jagat Narayan who is the defendant in the present case.

2. The plaintiff instituted the suit on the ground that the defendant was a tenant of a portion of
the building and was a trespasser in respect of the remaining portion. The defendant therefore is
liable to be ejected from the portion he was occupying as trespasser and from the portion, he was
occupying as tenant because he had defaulted in paying arrears of rent and had made material
alterations in the building, which had affected adversely the utility of the building.

Therefore, the plaintiffs being in need of the premises in question approached the defendant for
vacation of the same on various dates (give dates).
3. However, the defendant who was approached did not agree to the plaintiff’s demand. The
plaintiffs thereafter served a legal notice through their Counsel, under section 106 of Transfer of
Property Act terminating the said tenancy on 16/07/2019.

4. That the defendant received the plaintiff’s legal notice U/s. 106 of the Transfer of property
Act on 01/07/2019 i.e. clear 15 days before the last day i.e. 16/07/2019 and thus is a valid notice
under the Transfer of Property Act (proof of the service of legal notice is annexed to same as
Annexure A).

5. That however, the defendant even after receiving the said legal notice have neither vacated
the premises nor shown their intention to vacate. Thus the defendant from 16/07/2019 are in
wrongful use and occupation @ Rs. 1,000/- per day as the rate of rent in the area are for such
premises prevailing and the plaintiff has rightly assessed the rate of Rs. 1,000/- per day. The
same rate was demanded in the legal notice dated 01/07/2019. That since the premises were
needed by the plaintiff for his own purpose he will have to take on rent the premises of 24 same
size in the same area where the building is situated and the plaintiff has done a market survey
during the search for the building and found that the rate of rent in the area is Rs. 100/- to Rs.
150/- per sq. feet. The plaintiff owns a building which is 450 sq. ft. super area will be available
in the market for Rs. 37000/- to 55,500/- per month.

6. The plaintiff does not have means to take on rent a building for own purposes at such high
rates and thus needed the building and for this reason asked the defendant to vacate the premises.

7. The defendant is presently paying a monthly rent of Rs. 12,000/- per month (Rupees twelve
thousand only) for the plaintiffs building measuring 450 sq. ft. super area. The plaintiffs
premises are not governed by U.P. Urban Building (Regulation of Letting, Rent and Eviction
Act, 1972) as the rate of rent is more than Rs. 3,500/- and thus the Hon’ble Court has jurisdiction
to try the matter.

8. The cause of action in the present case arose on 24/05/2019 when the plaintiffs approached the
defendant for the vacation of the said Building. The cause of action further arose on 15/06/2019
when the plaintiffs again approached the defendant for the vacation of building that however did
not oblige. The cause of action further arose when the plaintiffs served a legal notice dated
1/07/2019 through their advocate Mr. Nishchay Dutt, asking the defendant to vacate the same.
The said notice was duly received on 16/07/2019. However, the defendant did not vacate the
building in question. The cause of action in the present case is a continuing one.

9. That since the property whose possession is sought is situated in Lucknow. The Lease for the
premises was executed in Lucknow and delivery of possession made in Lucknow.

10. That the court fee payable has been calculated ad valorem as per the chart/section 7 of the
Court Fee Act on the annual rent received by the plaintiff. The annual rent is Rs. 1,44,000/-
(Rupees one lakh and forty four thousand only) arrived at by multiplying monthly rent of Rs.
12,000/- by 12. On this, a court fee of Rs. 3174/- is paid. The plaintiff undertakes to pay any
additional court fee that may be found due by the Hon’ble court.

PRAYER

It is, therefore most respectfully prayed that this Hon’ble Court might be pleased to:

(i) pass a decree for ejectment against the defendant and in favour of plaintiff ;
(ii) pass a decree for payment of damages @ Rs. 1,000/- per day for wrongful use and
occupation of the building by the defendant ;
(iii) Any other relief deemed fit and proper may also be given.
(iv) Costs of the case may also be given.

PLAINTIFF
THROUGH
ADVOCATE
(Nishchay Dutt)
Lucknow
Dated
VERIFICATION :

Verification at Lucknow on 1​st November of , 2019 that the contents of paras 1 to 5 are true to
our personal knowledge and those of paras 6 to 10 are true & correct on the basis of legal advice
received and believed to be true. Last para is prayer to the Hon’ble Court.

PLAINTIFFS
[NOTE : This plaint has to be supported by an affidavit]
 AFFIDAVIT

IN THE COURT OF DISTRICT JUDGE (DISTRICT LUCKNOW) LUCKNOW, U.P.

SUIT NO 007 OF 2019

IN THE MATTER OF:

Ghasi Ram,

Sector 4/325, Jankipuram Vistar,

Lucknow, UttarPradesh……………………………………………..……………..PLAINTIFF

VERSUS

Jagat Narayan,

Sector C, Vishal Khand,

Lucknow,Uttar Pradesh……………………………………………………………DEFENDANT

Affidavit of Shri Ghasi Ram, S/O Tilak Ram, aged about 58 years, R/O Sector 4/325,
Jankipuram Vistar, Lucknow, Uttar Pradesh in the capacity of the owner of the premises, the
deponent hereinabove do hereby solemnly affirm and state hereunder:

1. I am aware of the facts and circumstances of the present suit based upon the records of the
Plaintiff maintained in the ordinary course of business and I am duly competent to swear and file
the present suit and affidavit.

2. I say that the accompanying Suit has been drafted and filed by my counsel upon my
instructions and contents of the same are true and correct.

3. I say that the documents filed along with the plaint are true copies of originals.

DEFENDANT
 WRITTEN STATEMENT

IN THE COURT OF CIVIL JUDGE (DISTRICT LUCKNOW), LUCKNOW, U.P.

SUIT NO. 007 OF 2019

Ghasi Ram,

Sector 4/325, Jankipuram Vistar,

Lucknow, Uttar Pradesh………….…………………………………………………PLAINTIFF

​VERSUS

Jagat Narayan,

Sector C, Vishal Khand,

Lucknow, Uttar Pradesh…………………………………………………………….DEFENDANT

WRITTEN STATEMENT OF BEHALF OF THE DEFENDANT

MOST RESPECTFULLY SHOWETH:

PRELIMINARY OBJECTIONS:

1. That this Hon’ble Court has no jurisdiction to entertain and try this suit because the said matter
will come under U.P. Control of Rent and Eviction Act.

2. That the suit has not been properly valued for the purpose of court fees and jurisdiction and is
therefore liable to be rejected out rightly.

3. That there is absolutely no cause of action in favour of the Plaintiff and against the Defendant.
The suit is therefore liable to be rejected on this ground also.

4. The notice under s.106 of Transfer of Property Act was bad because it was not given to the
lessee.
ON MERITS:

Without prejudice to the preliminary objections stated above, the reply on merits, which is
without prejudice to one another, is as under:-

1. That para 1 of the plaint is partly correct and is admitted except the fact that only a portion of
the building was given on rent, whereas, the whole building was given on rent.

2. That the contents of para 2 of the plaint are denied for want of knowledge. The Plaintiff is put
to the strict proof of each and every allegation made in the para under reply. As the defendant
had committed no default in payment of rent and had made no material alterations as to make
them liable for ejectment.

3. Contents of paras 3 and 4 are denied as notice under s.106 of Transfer of Property was bad
because it was not given to the lessee and also because it was not in respect to the entire premises
that were the subject matter of the tenancy.

4. That the contents of para 5 of the plaint are absolutely incorrect and are denied. As a matter of
fact, Mr. N is the owner of the suit properly. However, the remaining contents of para under
reply are absolutely incorrect and are denied.

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court might be pleased to:

a) Dismiss the suit of the plaintiff.

b) Award costs to the defendant.

c) Pass any other just and equitable order as deemed fit in the interest of justice.

DEFENDANT

Lucknow

Dated
 THROUGH ADVOCATE

VERIFICATION :

Verification at Lucknow on 6​th December 2019 that the contents of paras 1 to Of the preliminary
objection and para 1 to 4 of reply on merits are true to my personal knowledge and those of paras
1 to 4 of preliminary objection and para 1 to 4 of reply on merits are true & correct on the basis
of legal advice received and believed to be true. Last para is prayer to the Hon’ble Court.

DEFENDANT

[NOTE : CounterClaim, Set off can be joined in the Written Statement and the same may be
verified and supported by affidavit]
 AFFIDAVIT

IN THE COURT OF DISTRICT JUDGE (DISTRICT LUCKNOW) LUCKNOW, U.P.

SUIT NO 007 OF 2019

IN THE MATTER OF:

Ghasi Ram,

Sector 4/325, Jankipuram Vistar,

Lucknow, Uttar Pradesh……………………………………………………..………PLAINTIFF

VERSUS

Jagat Narayan,

Sector C, Vishal Khand,

Lucknow,Uttar Pradesh…………………………………………………..…………DEFENDANT

Affidavit of Shri Jagat Narayan, S/O Mahesh Narayan, aged about 43 YEARS, R/O Sector C,
Vishal Khand, Lucknow, Uttar Pradesh in the capacity of the owner of the premises, the
deponent hereinabove do hereby solemnly affirm and state hereunder:

1. I am aware of the facts and circumstances of the present written statement based upon the
records of the Defendant maintained in the ordinary course of business and I am duly competent
to swear and file a written statement and affidavit.

2. I say that the accompanying written statement has been drafted and filed by my counsel upon
my instructions and contents of the same are true and correct.

3. I say that the documents filed along with the written statement are true copies of originals.

DEFENDANT