Format for Civil Suit

CIVIL SUIT

Facts

A licence agreement was entered into between the plaintiff and defendant in respect of premises belonging to the plaintiff.

The agreement provided that the lincensor (The plaintiff) could terminate the license at any time by giving a 3 months’ notice in writing to the licensee [The defendant]. Inspite of such a notice have been sent.

The defendant has not vacated the premises and the plaintiff now ceases for possessions Draft Civil Suit.

IN THE COURT OF SENIOR CIVIL JUDGE, TIRUPATI

SUIT NO: 202 OF 2012

Sri P. Rama Rao, Business man

Residing at D.No. 4/22

Bhavani Nagar, Tirupati. ………. Plaintiff

Vs.

1. Satyanarayana, Business man

Residing at D.No. 3/88

Near Municipal Office, Tirupati …… Defendant

THE PLAINTIFF ABOVE NAMED STATES AS FOLLOWS:

(1) The plaintiff is the owner of flat No. 10, D.No. 4/22 on the second floor of a building with lincence to run Furniture Business at Bhavani Nagar, Tirupati. The said flat along with its furniture fixtures and fittings is here after referred to was the said flat.

(2) On 1st January 2012 the plaintiff agreed to allow the defendant to use the said flat on the terms and conditions in a licence agreement dated 01.01.2012 entered between the plaintiff and the defendant here to annexed and marked exhibit „A‟ is a copy of the said agreement dated 01.01.2012.

(3) Clause 12 of the agreement provides as follows:

“Not withstanding anything contained herein either party here may terminate thus agreement by giving to the other not less than 3 months previous notice in writing and without giving any reason. Therefore

(4) Accordingly on 01-07-2012, the plaintiff informed the defendant by a registered letters, that he was terminating the licence contained in the said licence agreement with effect from 30.09.2012 and caused upon the defendant to vacate the said flat by the said date, here to annexed and marked exhibit „B‟ is a copy of the said letters dated 01.07.2012 addressed by the plaintiff to the defendant.

(5) On 01-10-2012, the plaintiff called upon the defendant, to vacate the said flat, the defendant informed the plaintiff that he was not prepared to do so, under any circumstances what so ever, thereafter, the plaintiff made repeated demands on the defendant to vacate the said flat but the defendant failed and neglected to do so, and continued to occupy it in unauthorized and illegal manner.

(6) The plaintiff further submits that the defendant has no paid to the plaintiff any compensation for the illegal and unauthorized use of the said flat from the month of Oct, 2012, and thereafter. There is thus due payable by the defendant to the plaintiff a sum of 60,000 being the monthly compensation for occupation of the said flat at the agreed rate of Rs. 5000/- per month from 01-10-2012, till the filling of the suit, as per particular annexed here to and marked exhibit “e”.

(7) The plaintiff also submits that the defendant be ordered and decreed to pay to the plaintiff compensation at the rate of 5000/- per month from 01.04.2012, till the date on which the defendant handsover possession of the said flat to the plaintiff.

(8) The plaintiff further submits that it is just and that pending the hearing and final disposal of the suit, the defendant, the member of his family and on his agents or servants he restrained by an interior injunction and order of This honourable Court from dispersing of or parting with the possession of, or any part there of in favour of any person other than the plaintiff. The plaintiff submits that if such relief is not granted to the plaintiff, grave and irresponsible harm and loss and injury will be inflicted on the plaintiff.

(9) The said flat is situated in Bombay, the agreement dated 01.01.2012 entered into left the plaintiff and the defendant being exhibit „A‟ here to was entered into in A.P. the defendant resides in and carries on business in A.P. This honourable court. Therefore has jurisdiction to entertain, try and disperse of this said.

(10) The plaintiff values the relief claimed in the present suit for the purpose of court fees and jurisdiction of Rs. ………….

(11) The plaintiff will rely on documents a list where of is annexed here to ….

The plaintiff therefore prays

(a) That the defendant be ordered and decreed to forthwith remove himself, along with members of his family and servant and their belongings, from the flat, being flat No. 10 situated on the second floor of T.K. Road, Tirupati and to handover possession there of along with its furniture fitting and fixtures to the plaintiff.

(b) That the defendant be ordered and decreed to pay to the plaintiff.

(i) The sum of Rs. 60,000 as per exhibit „C‟ here to being the compensation for the use and occupation of the said flat from 1-10- 2012 to till date on which the flat is vacated by the defendant.

(ii) A sum of Rs. 5000/- per month for the use and occupation of said flat from 01.04.2012 to till the date on which the flat is vacated by the defendant.

(c) That pending that hearing and final disposal of the suit, the defendant, members of his family, his servants and agent be restrained by an interium order and injections of this Honourable court from disposing of as parting with the possession of or excumbering or otherwise dealing with the said flat, or any part there of infavour of any person other than the plaintiff.

(d) That pending the hearing and final disposal of the suit, the defendant be ordered by an interim order of this Honourable court to pay to the plaintiff the amount mentioned in clauses (i) & (ii) of prayer (b) above.

(e) For the interior relief in terms of prayers (c) above.

(f) For cost of the suit, and

(g) For such further and other reliefs as the nature and circumstances of the case may require.

Plaint draw by Sd/-

Srinivasa Rao Plaintiff

Advocate P. Sri Rama Rao