LAW 440

CA 1
ASSIGNMENT ON
“DRAFTING PETITION”

SUBMITTED TO:
VANSHIKA PREMANI

SUBMITTED BY:
KARMA EDEN
11719372
L1701
CA 1
IN THE COURT OF RENT CONTROLLER, TIS HAZARI COURT, NEW
DELHI
(Ordinarily Original Civil Jurisdiction)

Eviction Petition No. E-1234/56 of 2020

Mr. Ravi Mishra

S/o Sh. Ram Mishra
R/o House No. 324, Moti Nagar,
Sansad Marg
Patel Chowk, Delhi.
...petitioner

Versus

1.Sh. Sajan Singh

S/o Late Sh. Dilip Singh,
48-49, First Floor, Chandni Chowk,
Delhi-06.

Also at:
4842/24, Ansari Road,
Near Rahul Apartments,
New Darya Ganj, Delhi-02. …Respondent No.1

2.Mrs. Pooja Singh

W/o Sh. Neeru Yadav,
48-49, First Floor, Chandni Chowk,
Delhi-06.
...Respondent No. 2

The Petition for eviction of tenant under section 19 section 14(1) (e) r/w section 25
B of Delhi Rent
 MASTER INDEX

PART 1
SL. NO. PARTICULARS PAGE NO.
1 INDEX 1
2 FORMAT 2
3 URGENT APPLICATION 3
5 COURT FEE OF RS 4
6 MEMO WITH SUPPORTING 5-23
AFFIDAVITS
PART 2

1 INDEX 1

2 PETITION FOR EVICTION 2-11

OF TENANT UNDER
SECTION 19 SECTION
14(1) (E) R/W SECTION 25
B OF DELHI RENT
CONTROL ACT ALONG
WITH SUPPORTING
AFFIDAVITS
PART 3
1 Index 1
2 Vakalatnama 2
PART 4

1 Index 1
2 List of documents along 2-12
with documents

NEW DELHI
Karma Eden

DATE:20/09/21 Advocate for the petitioner

CHOWDHURY AND ASSOCIATES,

Near K-164 Tis Hazari, Delhi

Advocate in the Tis Hazari court, New Delhi

IN THE COURT OF RENT CONTROLLER, TIS HAZARI COURT, NEW
DELHI

RAVI MISHRA …PETITIONER

-VERSUS-

SAJAN SINGH …RESPONDENT

SL NO. PARTICULARS PAGE NO.

1 INDEX 1
2 PETITION FOR EVICTION OF 2-11
TENANT UNDER SECTION 19
SECTION 14(1) (E ) R /W
SECTION 25 B OF DELHI RENT
CONTROL ACT ALONG WITH
SUPPORTING AFFIDAVITS

NEW DELHI Karma Eden

DATE:20/09/21 Advocate for the petitioner

CHOWDHURY AND ASSOCIATES,

Near K-164 Tis Hazari, Delhi

Advocate in the Tis Hazari court, New Delhi

IN THE COURT OF RENT CONTROLLER, TIS HAZARI COURT, NEW
DELHI
(Ordinarily Original Civil Jurisdiction)

Eviction Petition No. E-124/56 of 2020

Mr. Ravi Mishra

S/o Sh. Ram Mishra
R/o House No. 61, Moti Nagar,
Sansad Marg
Patel Chowk, Delhi.
...petitioner

Versus

1.Sh. Sajan Singh

S/o Late Sh. Dilip Singh,
48-49, First Floor, Chandni Chowk,
Delhi-06.

Also, at:
4842/24, Ansari Road,
Near Rahul Apartments,
New Darya Ganj, Delhi-02. …Respondent No.1

2. Mrs. Pooja Yadav

W/o Sh. Neeru Yadav,
48-49, First Floor, Chandni Chowk,
Delhi-06.

...Respondent No. 2
Petition for eviction of tenant under section 19 section 14(1) (e) r/w section 25 B of
Delhi Rent control act.

The petitioner named above most respectfully submits as under

1. That the petitioner let out House no. 61 situate at Gokul Nagar, Sansad Marg,
Patel Chowk in Delhi to the defendant on 28th December 2019 at a monthly rent
of Rs.10,000 through a deed of agreement.
2. That in the said deed it was covenanted that the respondent would pay rent
monthly on regular basis with written rent receipt for further use regarding
corroboration and also 2%hike in the rent on every 6 months interval was
mentioned on the lease deed. For bona fide purpose or If he uses the house or
any part thereof for commercial or industrial purpose or any other purpose apart
from residential purpose or fails to pay rent timely or transfer to 3rd party on
sublease the possession will revert back to the petitioner.
3. That the respondednt-2 breached the agreement by using the premise for
commercial purpose .There was Destruction and Massive damage of the
property caused for using large scaled oven in kitchen area and befouled the
entire house by baking class. Respondent 1 was well aware of the fact and
ongoing happening of baking class and installation of oven for commercial
purpose.
4. That the respondent 1 & 2 failed to pay the rent of the last four months
beginning from 28th February,2020 to 28th may ,2020 amounting Rs.40,000. By
breaching three important terms of the lease agreement i.e. arrears of rent, use
for commercial purpose, Destruction of the property And the tenancy is
automatically terminated and the respondents are liable to eviction for mention-
ed violations.
5. That the petitioner tried to contact with respondent in said 4 months.
Respondent 1&2 intentionally avoided the call and messages of petitioner
.petitioner paid the respondent 10 times visit, and he found that most of the time
there was nobody in the property and outside of the house there was littering of
baking products in a unhygienic condition.3-4 times he found respondent-2
violating the terms by taking baking class and respondent 1 hardly found in the
property.
6. That the respondent1&2 hardly live together in that said property. Last time the
petitioner had seen the respondent 1 on dated 30th December 2019. After that
the respondent 1 was never seen in the said property. The new year eve later
when petitioner went to greet respondents, he found respondent 2 was taking
baking class. Since then respondent 1 was never found in the property.
7. That the a registered notice terminating his tenancy was served upon the
respondents on 29th may,2020 to vacate the said property by 30th june,2020.after
ward dishonestly they denied all the true happenings and violations caused by
them by giving unreasonable explanation.
8. That the petitioner did not take any legal action on good faith for not causing
any trouble for tenants. by providing 2nd chance, the petitioner asked for
peaceful settlement. After that also respondent 1 started her baking class again
by violating the terms.
9. That the marriage of younger brother of the petitioner was fixed on 30th
September. All the functions are going to be held in that said property in Delhi
because the bride is resident of DELHI. So, for genuine bona-fide reason, which
is mentioned in rent agreement, the property was needed to be vacated.
However, the 2nd notice for vacating the property in 30 days was served on 5 th
July ,2020.
10.That the respondent did not vacate the property and handed over the possession
to petitioner after 2nd notice.
11.That The cause of action arose on 6th September after lapse of 30 days’ time
period notice which was sent for vacating the land for petitioner’s brother ‘s
marriage ceremony with bona-fide intention.
12.That The suit is valued for the purpose of court fees and jurisdiction in
following manner
(a) for an order of eviction of tenant and possession to be delivered to the
petitioner, the relief is valued for purpose of court fees and jurisdiction at Rs
200/-and court fee of Rs.20/- is affixed hereon.
(b) For an order of arrear of rents, this relief is valued for the purpose of court
fees and jurisdiction at Rs 80,400/-and court fee of Rs.8000/- is affixed
hereon.
(c) For an order of damages Since the lease is terminated the tenant’s area liable
to pay damages for use and occupation at increased rate of 2% this relief is
 valued for the purpose of court fees and jurisdiction at Rs rent+2200 /-and
court fee of Rs.200/- is affixed hereon.

That The suit is valued at Rs 82,600 the 8 months total rent of the house for
valuation and Rs 8,400 for purpose of payment of court fee and rs. 1,000 for court
labels are claimed according to the reliefs claimed.

That it is therefore, humbly prayed that this Hon’ble court to be pleased to grant
the following reliefs to the respondents.

(1) The Respondent to be evicted from the house aforesaid and

possession be delivered to the petitioner.

(2) The respondent to pay sum considering Rs.92,000/- to the

petitioner for the scheduled leased-out property as rental money and other damages
mentioned thereof.

(3) An order as to the costs of the proceedings in favor of the

petitioner.

Any further damages and relief as the Hon’ble court may deem fit and proper
in the facts and circumstances of the case.

PETITIONER

Date: 21ST SEPTEMBER,2020

Signature of applicant/recognized agent: Karma Eden

 Through
Advocate

Karma Eden

Advocate for the petitioner

CHOWDHURY AND ASSOCIATES,

Near K-170 Tis Hazari, Delhi

Advocate in the Tis Hazari court, New Delhi

Verification:

I, Karma Eden, the above-named petitioner's recognized agent does hereby verify
that the contents of paragraph No.1 to 12 of my above application are true to my
knowledge and last para is prayer to the Court.

Verified at Delhi this 20th day of September 2020.

Karma Eden

Advocate for the petitioner

CHOUDHURY AND ASSOCIATES,

Near K-170 Tis Hazari, Delhi

Advocate in the Tis Hazari court, New Delhi

Karma Eden

(Signature of applicant/recognized agent)

IN THE COURT OF RENT CONTROLLER, TIS HAZARI COURT, NEW

DELHI
(Ordinarily Original Civil Jurisdiction)

Eviction Petition No. E-1234/56 of 2020

RAVI MISHRA …PETITIONER

-VERSUS-

SAJAN SINGH …RESPONDENT

Affidavit of Mr. Ravi Mishra, aged about 49 years, son of Shri Ram Mishra resident of Delhi

I, Ravi Mishra, aged about 49 years, son of Late Ram Mishra resident of Delhi does solemnly
affirm and state as under:

1. That I am the objector in the aforesaid matter and as such fully acquainted with the facts
deposed to below.

2. That I am landlord of the house bearing No. 61, Patel Chowk, Delhi in respect of a portion of
which the notice has been served.

3. That I am in occupation of the said house bearing No 324, Patel Chowk, Delhi

4. That I inherited the said house on the death of my father late Sajan Singh on 05/08/2018

5.That I let out the first floor of my building to Mr.&Mrs. Singh, tenants, on 28th December,
2019 for residential purpose.

6. That the rent agreement was a standard one which mentioned about the rent to be paid
monthly which was fixed at Rs. 10,000/- Rs. to be increased after every 6 months at the rate of
2%.
7.That in eviction clause of rent agreement clearly mentioned that the property shouldn’t be used
for any other purpose and that the landlord can get it back for Bonafede purpose or when rent is
not paid timely.

8.That Mrs. Chahar was using the land for commercial purpose and for arrear of rent for 4
months, I sent a notice for terminating of tenancy on 29th May 2020.

9.That Mr. & Mrs. Singh dishonesty denied the abovesaid Mischief. For peaceful settlement I
Brushed aside the matter.

10. That my younger brother’s Marriage supposed to be conducted in my Delhi, Patel Chowk
Resident, the second registered notice was sent to Mr. & Mrs. Mathur on 5th july,2020 for
vacating the 1st floor in one month time period.

11.That Inspite of the notices the Mr. &Mrs. Singh failed to vacate and hand over the schedule
property to me.

12. That I submitted an application to the Rent Control and Eviction Officer on 6 th
September,2020 I am intimating that the portion of the house No 324, Patel Chowk, Delhi to be
vacated by Mr. &Mrs. Singh as the same is required for the residential use of my family.

13. That in the interest of justice, it is necessary that Mr.& Mrs. Singh Should be evicted from
the land by making the due rent payment should vacate the 1st floor of house no. 324,
patelchowk, Delhi.

RAVI MISHRA

DEPONENT

VERIFICATION

I, Ravi Mishra, the above named, do hereby verify that the contents of paragraphs 1 to 11 are
true to my knowledge, and the contents of paragraphs 12 to 13 are based upon legal advice which
I believe to be true; nothing has been concealed and no part of it is false.

Verified at Delhi this 18th day of September 2020.

RAVI MISHRA

DEPONENT
IN THE COURT OF RENT CONTROLLER, TIS HAZARI COURT, NEW
DELHI
(Ordinarily Original Civil Jurisdiction)

Eviction Petition No. E-1234/56 of 2020

RAVI MISHRA …PETITIONER

-VERSUS-

SAJAN SINGH …RESPONDENT

SL NO. PARTICULARS PAGE NO.

1 INDEX 1
2 DOCUMENTS 2-12

NEW DELHI

DATE:20/09/21 Karma Eden

Advocate for the petitioner

CHOWDHURY AND ASSOCIATES,

Near K-170 Tis Hazari, Delhi

Advocate in the Tis Hazari court, New Delhi

IN THE COURT OF RENT CONTROLLER, TIS HAZARI COURT, NEW
DELHI

Ordinarily Original Civil Jurisdiction)

Eviction Petition No. E-1234/56 of 2020

RAVI MISHRA …PETITIONER

-VERSUS-

SAJAN SINGH …RESPONDENT

LIST OF THE DOCUMENTS PRESENTED BY ABOVENAMED PETITIONER MOST

RESPECTFULLY SHOWETH AS FOLLOWED
Sr. Description and That the document is What become of the document Remarks
No. date any of this intended to prove
document

If brought on the If rejected ,

record ,the date of return
exhibit mark put to the party and
on the document signature of
party or
pleader to
whom the
document was
returned
1 05-08-2018 OWNERSHIP ANNEXURE 1
(R1)

2 07-04-2016 WILL DEED ANNEXURE

2(R2)

3 28 -12-2019 LEASE ANNEXURE 3

AGREEMENT (R3)

4 29-06-2020 NOTICE 1 ANNEXURE

4(R4)

5 28-12-2019 RECIPT OF
PAYMENT - ANNEXURE
ADVANCE(MONTH 5(R5)
1)
6 28-01-2020 RECIPT OF ANNEXURE
PAYMENT 6(R6)
MONTH 2
7 05-07-2020 NOTICE 2 ANNEXURE 7
(R7)

8 30-09-2020 MARRIAGE ANNEXURE 8

INVITATION CARD (R8)

04-04-2020 PICTURES OF ANNEXURE 9

9 TENANT WHILE (R9)
BAKING CLASS
NEW DELHI

DATE – 20/09/21 Karma Eden

Advocate for the petitioner

CHOWDHURY AND ASSOCIATES,

Near K-170 Tis Hazari, Delhi

Advocate in the Tis Hazari court, New Delhi