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.
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:
