IN THE COURT OF THE SMALL CAUSES JUDGE
AT BENGALURU
S.C. No. of 2022
Between
Smt.K.Jayanthi
W/o Sri.N. Mohan
Aged 43 years
No.44, 1st Stage, 1st Phase,
2nd Main, W.O.C. Road,
Manjunathanagar,
Bengaluru – 560 010. ….. PLAINTIFF
AND
Sri.Jayakumar K
S/o Krishnan
Aged 40 years
No.44, 1st Stage, 1st Phase,
2nd Main, W.O.C. Road,
Manjunathanagar,
Bengaluru – 560 010. …… DEFENDANT
MEMORANDUM OF PLAINT UNDER ORDER 7 RULES 1 AND 2
AND SECTION 26 OF CODE OF CIVIL PROCEDURE 1908.
The above named Plaintiff most respectfully submits as follows:
1. The Plaintiff is represented herein by Sri.G.Chandrashekar, Advocate,
# 19, 6th Cross, KSRTC Layout, Herohalli, Bengaluru – 560 091. All
notices, processes, summons of this Hon’ble Court addressed to the
Plaintiff may also served through her Advocate at the aforementioned
address.
2. The address of the Defendant for the purposes of issuance of Court
notices, Summons etc, from this Hon’ble Court is as shown in the cause
title herein above.
3. The Plaintiff is the owner of the plaint schedule property having
acquired the same under a registered Gift Deed which has been
registered as document No.RJN-1-01409/2021-22, stored in C.D.
No.RJND918 dated 29.6.2021 with the office of the Sub Registrar,
Rajajinagar, Bengaluru – 560 010. A copy of the registered Gift Deed
dated 29.06.2021 is produced herewith and marked as Annexure ‘A’.
4. That the defendant was inducted as a tenant by the Plaintiff in respect
of the plaint schedule property on a monthly rent of Rs.15,000/-
(Rupees Fifteen Thousand Only) exclusive of water and electricity
charges, subject to enhancement of 10% every year, payable within the
1st of the succeeding English calendar month. Further the Plaintiff
submits that the Defendant has deposited a sum of Rs.1,00,000/-
(Rupees One Lakh Only) towards security deposit in respect of the
plaint Schedule Property. There is a practice of passing receipts. The
defendant never paid the rent without a receipt. The defendant agreed
not to sub-lease the plaint schedule property to anybody without the
consent of the Plaintiff.
5. The Plaintiff submit that, the Defendant is a chronic defaulter in the
matter of payment of rent to the Plaintiff for the use and occupation of
the Schedule premises by the Defendant and he is due a sum of
Rs.75,000/- being the arrears of rent for the period from February 2022
to June 2022. The Plaintiff further submits that, on several times, the
Plaintiff requested the Defendant to pay the arrears of rent, but he
didn’t pay and also requested to handover the vacant possession of the
Schedule Property and the Defendant failed to deliver the same.
Hence, the Plaintiff through her Advocate issued legal notice to the
Defendant on 03.04.2022 calling upon him to quit, vacate and deliver
the vacant possession of the schedule premises within 15 days from the
date receipt of the said notice and also pay the arrears of rent of
Rs.15,000/- from February 2022 till date. The said legal notice was
personally handed over to the Defendant and was acknowledged by
him. A copy of the notice dated April 03, 2022 and acknowledgement
of the Defendant is produced herewith and marked as Annexure ‘B’.
6. The Plaintiff submits that, despite of the notice the defendant failed to
vacate and hand over the plaint schedule property to the plaintiff.
Therefore the plaintiff has filed the suit for eviction of the defendant
and also for recovery of arrears of rent.
7. The plaintiff submits that if the plaint schedule property is rented out
he will get a sum of Rs.15,000/- considering the present rents
prevailing in the area. Since the rental agreement is terminated the
defendant is liable to pay damages for use and occupation at
Rs.80,000/-.
8. The cause of action for the suit arose when the defendant took the
property on Rental Agreement dated January 24, 2022 (rental effected
from 01.08.2021) when the Plaintiff got issued a notice terminating the
tenancy by the end of March 2022 and the plaint schedule property is
situated within the jurisdiction of the Hon’ble Court.
9. The Plaintiff submits that the Value of the suit:
Relief of eviction valued under Sec.42 (1) of KCFSV Act, 1958 on an
yearly rent Rs.15,000/- x 12 and premium of Rs.1,00,000/- which is
equal to 2,80,000/-.
A court fee of Rs.19,075/- is paid under Schedule (I) Article (I)(iv) of
Karnataka Court-Fees and Suits Valuation Act, 1958.
Wherefore, the Plaintiff most respectfully prays that this Hon’ble Court be
pleased to pass a judgment and decree against the Defendant:-
(1) 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.
SCHEDULE PROPERTY
All that piece and parcel of land consisting of three bedroom, hall and
kitchen with east facing door on second floor portion of residential
premises bearing No.44 situated at No.44, 1st Phase, 2nd Main, W.O.C.
Road, Manjunathanagar, Bengaluru – 560 010 provided with common
water and independent electric facilities.
Advocate for Plaintiff PLAINTIFF
Verification
I, the above named Plaintiff, do hereby state and declared that what is stated
above at paragraphs 1 to 9 are true and correct to the best of my knowledge,
information and belief.
Place: Bengaluru
Date: PLAINTIFF
BEFORE SENIOR CIVIL JUDGE, ADMINISTRATIVE SPECIAL JUDGE
(RENT), DELHI.
1. ____
2. _____ ……Plaintiffs
VERSUS
______, ……Defendant
EJECTMENTPETITION
U/S Delhi Rent Control Act, 1958 FOR THE EJECTMENT OF THE
DEFENDANT
Respectfully Sheweth:
1. That the addresses of the parties have been given above correctly for the
purpose of service by
this Learned Court.
2. That succinctly stated facts giving rise to the filing of instant petition are
that the predecessor in
interest of the Plaintiffs i.e. Mst. ___ was owner of 4 Marlas-10Sq.Ft. situated
at Plot No.___, Street
No. ___, Upper Mall, Delhi and after her demise on 22.12.2002, the Plaintiffs
stepped into her shoes
being her only legal heirs and now they are lawful owners of the property.
3. That 2 Marlas out of aforesaid property (hereinafter referred to as “rented
premises”) was rented
out to the Defendant under an oral tenancy agreement in the year 2004.
Initially, the rented premises
was given to the Defendant for a period of 11 months at the rate of Rs. 6000/-
per month.
4. That the Defendant had paid monthly rent of the rented premises till
September, 2013 and after
that the Defendant stopped the payment of monthly rent with malafide and
dishonest intention just to
deprive the Plaintiffs from the fruit of the property; thus, he has become
defaulter in the eyes of law.
5. That the Plaintiffs approached the Defendant many a time themselves and
through respectables of
the locality for payment of rent but the Defendant did not accept the genuine
and lawful request of
the Plaintiffs. The rented premises which is in the possession of the Defendant
as tenant is bounded
and rounded as follows which is shown as red in the site plan
North: House of Farooq
South: Rest of the portion of House No. 327
East: House of Shehzad
West: Street No. 2
6. That the period of tenancy has expired and the Plaintiffs do not want to
extend the period of
tenancy. Previously, the period was extended upto 31.11.2013 and on the
completion of previous
period, the Defendant was served with a legal notice for vacation of the
rented premises and for
payment of the rent. However, the Defendant kept the matter pending on one
pretext and also did not
make payment of the rent due started from October, 2013, therefore, the
Defendant is liable to be
ejected.
7. That the Defendant failed to make the payment within 30 days of the rent
due on each and every
month.
8. That the Defendant has also damaged the property and impaired the value
of the rented premises
and in this way he has violated terms and conditions of verbal rent agreement
that the Defendant
would not damage the property or change the shape thereof.
9. That the Defendant has become defaulter in the payment of monthly rent
from October, 2013 till
the filing of the ejectment petition at the rate of Rs. 6000/- per month so an
amount of Rs. 54000/- is
due towards the Defendant.
10. That the tenancy agreement has expired and same has not been extended
by the Plaintiffs.
11. That the Plaintiffs approached the Defendant and requested him to vacate
the rented premises
and make the payment of rent due towards him but he did not accept the
lawful and genuine request
of the Plaintiff
BEFORE SENIOR CIVIL JUDGE, ADMINISTRATIVE SPECIAL JUDGE
(RENT), DELHI.
1. ____
2. _____ ……Plaintiffs
VERSUS
______, ……Defendant
EJECTMENTPETITION
U/S Delhi Rent Control Act, 1958 FOR THE EJECTMENT OF THE
DEFENDANT
Respectfully Sheweth:
1. That the addresses of the parties have been given above correctly for the
purpose of service by
this Learned Court.
2. That succinctly stated facts giving rise to the filing of instant petition are
that the predecessor in
interest of the Plaintiffs i.e. Mst. ___ was owner of 4 Marlas-10Sq.Ft. situated
at Plot No.___, Street
No. ___, Upper Mall, Delhi and after her demise on 22.12.2002, the Plaintiffs
stepped into her shoes
being her only legal heirs and now they are lawful owners of the property.
3. That 2 Marlas out of aforesaid property (hereinafter referred to as “rented
premises”) was rented
out to the Defendant under an oral tenancy agreement in the year 2004.
Initially, the rented premises
was given to the Defendant for a period of 11 months at the rate of Rs. 6000/-
per month.
4. That the Defendant had paid monthly rent of the rented premises till
September, 2013 and after
that the Defendant stopped the payment of monthly rent with malafide and
dishonest intention just to
deprive the Plaintiffs from the fruit of the property; thus, he has become
defaulter in the eyes of law.
5. That the Plaintiffs approached the Defendant many a time themselves and
through respectables of
the locality for payment of rent but the Defendant did not accept the genuine
and lawful request of
the Plaintiffs. The rented premises which is in the possession of the Defendant
as tenant is bounded
and rounded as follows which is shown as red in the site plan
North: House of Farooq
South: Rest of the portion of House No. 327
East: House of Shehzad
West: Street No. 2
6. That the period of tenancy has expired and the Plaintiffs do not want to
extend the period of
tenancy. Previously, the period was extended upto 31.11.2013 and on the
completion of previous
period, the Defendant was served with a legal notice for vacation of the
rented premises and for
payment of the rent. However, the Defendant kept the matter pending on one
pretext and also did not
make payment of the rent due started from October, 2013, therefore, the
Defendant is liable to be
ejected.
7. That the Defendant failed to make the payment within 30 days of the rent
due on each and every
month.
8. That the Defendant has also damaged the property and impaired the value
of the rented premises
and in this way he has violated terms and conditions of verbal rent agreement
that the Defendant
would not damage the property or change the shape thereof.
9. That the Defendant has become defaulter in the payment of monthly rent
from October, 2013 till
the filing of the ejectment petition at the rate of Rs. 6000/- per month so an
amount of Rs. 54000/- is
due towards the Defendant.
10. That the tenancy agreement has expired and same has not been extended
by the Plaintiffs.
11. That the Plaintiffs approached the Defendant and requested him to vacate
the rented premises
and make the payment of rent due towards him but he did not accept the
lawful and genuine request
of the Plaintiff
BEFORE SENIOR CIVIL JUDGE, ADMINISTRATIVE SPECIAL JUDGE
(RENT), DELHI.
1. ____
2. _____ ……Plaintiffs
VERSUS
______, ……Defendant
EJECTMENTPETITION
U/S Delhi Rent Control Act, 1958 FOR THE EJECTMENT OF THE
DEFENDANT
Respectfully Sheweth:
1. That the addresses of the parties have been given above correctly for the
purpose of service by
this Learned Court.
2. That succinctly stated facts giving rise to the filing of instant petition are
that the predecessor in
interest of the Plaintiffs i.e. Mst. ___ was owner of 4 Marlas-10Sq.Ft. situated
at Plot No.___, Street
No. ___, Upper Mall, Delhi and after her demise on 22.12.2002, the Plaintiffs
stepped into her shoes
being her only legal heirs and now they are lawful owners of the property.
3. That 2 Marlas out of aforesaid property (hereinafter referred to as “rented
premises”) was rented
out to the Defendant under an oral tenancy agreement in the year 2004.
Initially, the rented premises
was given to the Defendant for a period of 11 months at the rate of Rs. 6000/-
per month.
4. That the Defendant had paid monthly rent of the rented premises till
September, 2013 and after
that the Defendant stopped the payment of monthly rent with malafide and
dishonest intention just to
deprive the Plaintiffs from the fruit of the property; thus, he has become
defaulter in the eyes of law.
5. That the Plaintiffs approached the Defendant many a time themselves and
through respectables of
the locality for payment of rent but the Defendant did not accept the genuine
and lawful request of
the Plaintiffs. The rented premises which is in the possession of the Defendant
as tenant is bounded
and rounded as follows which is shown as red in the site plan
North: House of Farooq
South: Rest of the portion of House No. 327
East: House of Shehzad
West: Street No. 2
6. That the period of tenancy has expired and the Plaintiffs do not want to
extend the period of
tenancy. Previously, the period was extended upto 31.11.2013 and on the
completion of previous
period, the Defendant was served with a legal notice for vacation of the
rented premises and for
payment of the rent. However, the Defendant kept the matter pending on one
pretext and also did not
make payment of the rent due started from October, 2013, therefore, the
Defendant is liable to be
ejected.
7. That the Defendant failed to make the payment within 30 days of the rent
due on each and every
month.
8. That the Defendant has also damaged the property and impaired the value
of the rented premises
and in this way he has violated terms and conditions of verbal rent agreement
that the Defendant
would not damage the property or change the shape thereof.
9. That the Defendant has become defaulter in the payment of monthly rent
from October, 2013 till
the filing of the ejectment petition at the rate of Rs. 6000/- per month so an
amount of Rs. 54000/- is
due towards the Defendant.
10. That the tenancy agreement has expired and same has not been extended
by the Plaintiffs.
11. That the Plaintiffs approached the Defendant and requested him to vacate
the rented premises
and make the payment of rent due towards him but he did not accept the
lawful and genuine request
of the Plaintiff
IN THE COURT OF THE SMALL CAUSES JUDGE
AT BENGALURU
S.C. No. of 2022
Between
Smt.K.Jayanthi ….. PLAINTIFF
AND
Sri.Jayakumar K …. DEFENDANT
VERIFYING AFFIDAVIT
I, K. Jaynathi, W/o Sri.N.Mohan, aged 43 years residing at No.44, 1 st Stage, 1st
Phase, 2nd Main, W.O.C. Road, Manjunathanagar, Bengaluru – 560 010, the
Plaintiff above named, do hereby solemnly affirm and state on oath as
follows.
1. I am the Plaintiff in the above matter. I know the facts of the case and
competent to swear this Affidavit.
2. I state that the statements contained in paragraphs 1 to 9 of the
accompanying plaint are true and correct to the best of my knowledge
information and belief.
3. I state that the documents produced along with the list of documents
are copies of the respective originals..
4. I state that whatever is stated above is true and correct to the best of my
knowledge and belief.
Place: Bengaluru
Date: Deponent
IN THE COURT OF THE SMALL CAUSES JUDGE
AT BENGALURU
S.C. No. of 2022
Between
Smt.K.Jayanthi ….. PLAINTIFF
AND
Sri.Jayakumar K …. DEFENDANT
DECLARATION UNDER ORDER VI RULE 14-A
I, K. Jaynathi, W/o Sri.N.Mohan, aged 43 years residing at No.44, 1 st Stage, 1st
Phase, 2nd Main, W.O.C. Road, Manjunathanagar, Bengaluru – 560 010, the
Plaintiff above named , do hereby declare and state that the address of the
Plaintiff and the Defendants are as shown in the cause title.
I further undertake to furnish the fresh address, in the event of change of
address of any of the parties.
What is stated above are true and correct to the best of my knowledge,
information and belief.
Place: Bengaluru
Date Plaintiff
IN THE COURT OF THE SMALL CAUSES JUDGE
AT BENGALURU
S.C. No. of 2022
Between
Smt.K.Jayanthi ….. PLAINTIFF
AND
Sri.Jayakumar K …. DEFENDANT
VALUATION SLIP
The Plaintiff above named respectfully submits that the method adopted to
arrive at the valuation of the suit for the purposes of court fees is as follows.
S.No Relief sought Applicable Court Fee
provision of Valuation Payable
Karnataka
Court Fees &
Valuation
Act, 1958
1 grant a decree for vacant Section 42(1) Rs. 2,80,000 Rs. 19,075/-
possession of the plaint & Article 1
schedule property after (iii) of
Schedule 1
ejecting the defendant
from the plaint schedule
property and award future
profits and award costs
Place: Bengaluru
Date: Advocates for the Plaintiff
IN THE COURT OF THE SMALL CAUSES JUDGE
AT BENGALURU
S.C. No. of 2022
Between
Smt.K.Jayanthi ….. PLAINTIFF
AND
Sri.Jayakumar K …. DEFENDANT
INDEX
SL.No. Particulars Page No.
01. Plaint under Order VII Rule 1 read with Section 26 01 -
of Code of Civil Procedure, 1908
02. Affidavit in support of the suit
03. Valuation Slip
04. Declaration Under Order VI Rule 14-A of Code of
Civil Procedure, 1908
05. List of documents
06. Annexure ‘A’ : Copy of the registered Gift Deed
dated 29.06.2021 in favour of the Plaintiff
07. Annexure ‘B’ : Copy of the Rental Agreement dated
24.01.2022 entered between the Plaintiff and
Defendant
08. Vakalath
Place: Bengaluru
Date: Advocate for the Plaintiff
IN THE COURT OF THE SMALL CAUSES JUDGE
AT BENGALURU
S.C. No. of 2022
Between
Smt.K.Jayanthi ….. PLAINTIFF
AND
Sri.Jayakumar K …. DEFENDANT
LIST OF DOCUMENTS
01. Copy of the Registered Gift Deed dated 29.06.2021 in favour of the
Plaintiff.
02. Copy of the Rental Agreement dated 24.01.2022 entered between the
Plaintiff and Defendant.
Place: Bengaluru
Date: Plaintiff
IN THE COURT OF SMALL CAUSES JUDGE AT BENGALURU
S C NO. / 2022
Smt.K. Jaynathi .... Plaintiff
VS.
Sri.Jayakumar ..... Defendant
I, K. Jaynathi, W/o Sri.N.Mohan, aged 43 years residing at No.44, 1 st Stage, 1st
Phase, 2nd Main, W.O.C. Road, Manjunathanagar, Bengaluru – 560 010, the
Plaintiff in the above matter, do hereby appoint and retain G Chandrashekara
(KAR/613/2013), to appear, act and plead for us in the above matter and to
conduct/prosecute and defend the same and all interlocutory or miscellaneous
proceedings connected with the same or with any decree or orders passed therein,
appeals and or other proceedings arising therefrom and also in proceedings for review
of judgement and for leave to appeal to the Supreme Court and to obtain return of
any documents filed therein, or receive any money which may be payable to us.
2. We hereby authorise them on our behalf to enter into a compromise in the above
matter, to execute any decree/order therein, to appeal from any decree/order therein
and to appeal, act and plead in such appeal, if any, preferred by any other party from
any decree/order therein.
3. We further agree that if we fail to pay the fees agreed upon or to give due
instructions at all stages they are at liberty to retire from the case and recover all
amounts due to them and retain all our monies till such dues are paid.
Executed by us this the day of June 2022, at Bengaluru.
Executant is personally known to me and he has signed before me
Attested by : Address for Service
Accepted : G. Chandrashekara
Advocate
19, 6th Cross, KSRTC Layout,
Herohalli, Bengaluru – 560 091
Ph.9880922758
