Plaint

PLEADING
• PLAINT
• WRITTEN STATEMENT
PLAINT
• The plaint shall contain the following particulars :-
(a) the name of the Court in which the suit is brought;
IN THE COURT OF THE SMALL CAUSES JUDGES AT BOMBAY

Suit No.________Of 20____________
(b) the name, description and place of
residence of the plaintiff;
(Between)
John Smith
S/o William Smith
Aged about 38 Years
R/o or Residing at – Street No. 21, Churchill Lane,
Mumbai …Plaintiff
v.
(versus)
Or
(And)
(c) the name, description and place of residence of
the defendant, so far as they can be ascertained;
Gregory Paul
S/o James Paul
Aged about 39 Years
R/o or Residing at – Flat No. 7, Thakur Niwas, Nanpura, Mumbai
…Defendant
Nature or class of suit and amount of claim
SUIT FOR EJECTMENT OF THE TENANT
(Plaint filed under Section …. read with order …., Rule ….of CPC)
The body of the plaint
The plaintiff begs to state as under that:
1. The plaintiff is a landlord of “ Thakur Niwas” situated at Nanpura,
Mumbai. The plaintiff knows the defendant for the last (seven)
years as his tenant in respect of Flat No. 7 in “Thakur Niwas” at
Nanpura, Mumbai. The defendant is the plaintiff’s monthly tenant
in respect of the said flat at a rent of Rs. …………….
2. The defendant has been paying the rent regularly to the plaintiff. But
the defendant failed to pay the rent to the plaintiff since ………(month
and year) and hence he is in arrears of rent amounting to Rs………….for
………… months at the rate of Rs. …………..
3. The defendant has also constructed a partition brick wall in the hall
of this flat without the prior consent of the plaintiff and the partition
wall has devalued the hall.
4. The plaintiff has got a very large family and the said flat is badly
needed to accommodate the members of his family for their bona fide
use.
5. The plaintiff has verbally requested the defendant to quit, vacate
and hand over the possession of the said flat to the plaintiff but he has
failed and neglected to do so. The plaintiff, finally, called upon the
defendant by his advocate’s letter dated ……………… . A copy of the said
letter is annexed hereto and is marked as Annexure A to the plaint.
Cause of Action
6. The cause of action arose when the defendant made default in
payment of arrears of rent and also made an unauthorised structure in
the premises.
Jurisdiction
7. The suit premises are situated within the jurisdiction of this
Honourable Court and , therefore, this Court has jurisdiction to try and
entertain this suit.
Valuation of the Suit
8. The plaintiff values the suit at Rs………. for the purposes of court fees
and jurisdiction.
Claim
The plaintiff, therefore, prays that:
a. The Honourable Court be pleased to order the ejectment of the
defendant.
b. A decree for arrears of rent of Rs. …… be made against the
defendant in favour of the plaintiff.
c. Costs of the suit.
Plaints drawn by
Sd/- Sd/-
Advocate for the plaintiff Plaintiff
Verification
Verification
I, s/o …………, residing as above, do herby solemnly declare and state

that the contents of paras 1 to …. of the plaint are true to my own
knowledge and the contents of remaining paras are based on
information received and I believe the same to be true.
Solemnly affirmed as aforesaid at Mumbai.
Dated ……….. Sd/-
Plaintiff
Let us consider one more specimen -
• Plaint seeking Specific Performance of Agreement of Sale
In the Court of the Junior Civil Judge of
……..
Suit No. …. Of 20…
Between:
……………………..
……………………..
…………………….. Plaintiff
And
1. ……………………..
……………………..
……………………..
2. ……………………..
……………………..
…………………….. Defendants
Plaint filed on behalf of the plaintiff under
Order VII, Rule 1 of C.P.C.
1. Plaintiff …………………….. s/o …………………….. aged about …… years,
cultivation, residing at ……………………..
2. Defendants …………………….. s/o …………………….. aged about ……

years, residing at ……………………..
The address of the parties for service of process etc. is the same as
above.
3. The defendant no. 1 and his elder brother late …………… were the owners of
the schedule mentioned house situated in ……… and they offered the same for
sale to the plaintiff. The plaintiff agreed to purchase the schedule mentioned
house for Rs. ……………… and paid the entire sale consideration to the
defendant No. 1 and late ……….and they both jointly executed the suit
agreement of sale, dated …….in favour of the plaintiff and delivered the
possession of the house to the plaintiff and ever since then the plaintiff has
been residing in the said house. By and under the recitals of the agreement of
sale, the defendant no. 1 and his brother late ……….have agreed to execute a
sale deed in favour of the plaintiff as and when demanded by him with his
expenses. Because of the close relationship between the parties and since the
plaintiff was delivered possession of the schedule mentioned house, the
vendors were postponing the execution of the sale deed. The plaintiff was
always ready and willing to perform his part of contract but the defendant no.
1 and his brother kept evading to execute the sale deed. ……………………..died
subsequently without leaving any heirs.
4. While so, the plaintiff surprisingly received a notice in R.C.C. …….filed by the
defendant No. 2 for eviction of the plaintiff from the schedule mentioned house.
The defendant No. 2 inter alia alleged in R.C. ….. That he became the owner of the
suit property by virtue of a gift alleged to have been executed by defendant No. 1
and that the plaintiff is his tenant on a rent of Rs……..per month claimed eviction of
the plaintiff for default of payments of rents. The plaintiff, contested the said R.C.C.
No…..and the same was dismissed by Rent Control Tribunal, ……………, on ………………
. The plaintiff submits that the gift deed alleged to have been executed by
Defendant No. 1 and his elder brother is a fraudulent one and even if true, it is
void, is unenforceable and not binding upon the plaintiff. The defendants and
everybody in the locality are well aware of the agreement of sale dated …………..in
favour of the plaintiff. The defendant No. 2 is the nephew of the defendant No. 1
and with ulterior motives of causing harm to the rights and interests of the plaintiff
a gift deed was maneuvered and the defendants are bound to execute the sale
deed in favour of the plaintiff. The plaintiff having failed in his attempts to get a sale
deed issued a notice dated …….and the defendants sent a reply, dated ……with all
false allegations. Hence the suit for specific performance of the agreement of sale.
5. Cause of action for the suit arose on……when the defendant No. 1
and his elder brother late ……………….executed the agreement of sale
at ………and after receipt of entire sale consideration of Rs…………..on
all occasions when they are postponing the execution of the sale
deed in favour of the plaintiff and on ………..when the plaintiff
caused a notice to the defendants seeking specific performance of
the agreement of sale in respect of the schedule mentioned house
at ……..town and ……..taluk within the jurisdiction of this Hon’ble
Court.
6. Value of purpose of Court fee and jurisdiction:-
The agreement of sale is for Rs……………and a Court fee of Rs. …….is
paid under section ………. (Name of the state) Court fee Act.
7. The plaintiff in the circumstances prays that the Hon’ble Court may be
pleased to grant a decree in favour of the plaintiff for specific performance
of agreement of sale and direct the defendants to execute a sale deed in
favour of the plaintiff and on their failure the Hon’ble Court itself to
execute the sale deed in faour of the plaintiff.
8. For costs of the suit and grant such other relief as the Hon’ble Court
deems fit in the interest of the justice.
I do hereby declare that the facts stated above are true to the best
of my knowledge and belief and signed this at ………., the ………day of
………………………
Plaintiff
List of documents filed
1. Agreement of sale, dated …………………….
2. Office copy of notice, dated ………………….
3. Copy of reply notice, dated…………………..
Advocate for the plaintiff

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PLEADING

IN THE COURT OF THE SMALL CAUSES JUDGES AT BOMBAY

I, s/o …………, residing as above, do herby solemnly declare and state

2. Defendants …………………….. s/o …………………….. aged about ……

Advocate for the plaintiff

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