Replace all blanks and bracketed instructions with the actual facts. Delete any paragraph that does not apply. The proper designation of the court must be chosen according to territorial and pecuniary jurisdiction and applicable local law.
IN THE COURT OF THE __________ AT __________
CIVIL SUIT NO. __________ OF 20__
IN THE MATTER OF:
Mr./Ms. __________
Address: __________
PLAINTIFF
VERSUS
Mr./Ms. __________
Address: __________
DEFENDANT
SUIT FOR RECOVERY OF POSSESSION, ARREARS OF LICENCE FEE / OCCUPATION CHARGES AND MESNE PROFITS
MOST RESPECTFULLY SHOWETH:
1. That the Plaintiff is the lawful owner/person entitled to possession of property bearing No. __________, admeasuring __________, situated at __________, more fully described in the Schedule of Property below ("suit property"). The document(s) showing the Plaintiff's title/right to possession are __________.
2. That on __________ the Plaintiff permitted the Defendant to use and occupy the suit property, together with the furniture/fixtures, if any, under a Licence Agreement dated __________. A copy of the Licence Agreement is filed as Annexure P-1.
3. That under the Licence Agreement, the Defendant was permitted to use the suit property for __________ purpose on payment of licence fee of ₹__________ per month, together with __________, on the terms stated in the agreement.
4. [Use only if applicable.] That contrary to the agreed terms, the Defendant used/started using the suit property for __________, despite the licence having been granted for __________ purpose.
5. That under Clause __________ of the Licence Agreement, the licence was terminable by __________ days/months' notice / on occurrence of __________. The Plaintiff terminated/revoked the licence by notice dated __________ with effect from __________ and called upon the Defendant to hand over vacant and peaceful possession of the suit property. A copy of the notice is filed as Annexure P-2, together with proof of service as Annexure P-3.
6. That the Defendant has failed to pay licence fee/contractual charges of ₹__________ for the period from __________ to __________, aggregating to ₹__________, despite demand.
7. That after expiry/termination of the licence and after expiry of the reasonable time available in law to leave the property and remove permitted goods, the Defendant failed to hand over vacant and peaceful possession. The Defendant's continued occupation thereafter is without the Plaintiff's permission and the Plaintiff is entitled to seek recovery of possession in accordance with law.
8. That the Plaintiff is also entitled, subject to proof and applicable law, to occupation charges/mesne profits for the period of unauthorized occupation from __________ until delivery of possession. The Plaintiff presently claims ₹__________ per month / seeks an inquiry for determination of mesne profits under Order XX Rule 12 of the Code of Civil Procedure, 1908.
9. That the cause of action first arose on __________ when __________; it further arose on __________ when the licence was terminated/expired; and continues because the Defendant has not delivered possession and/or paid the sums legally due.
10. That this Hon'ble Court has territorial jurisdiction because the suit property is situated within its jurisdiction at __________. [Add any other legally relevant jurisdictional fact.] The Court also has pecuniary jurisdiction having regard to the valuation of the reliefs and applicable local law.
11. That for purposes of court fee and jurisdiction, the relief of possession is valued at ₹__________; the claim for arrears is valued at ₹__________; and the claim concerning mesne profits/occupation charges is valued at ₹__________ or is subject to determination in accordance with law. The requisite court fee of ₹__________ is affixed, subject to the applicable Central/State court-fee and suits-valuation provisions.
12. That the suit is within limitation under the provisions applicable to the pleaded cause of action.
PRAYER
The Plaintiff therefore respectfully prays that this Hon'ble Court may be pleased to:
- pass a decree for recovery of vacant and peaceful possession of the suit property described in the Schedule below in favour of the Plaintiff and against the Defendant;
- pass a decree for ₹__________ towards unpaid licence fee/contractual dues for the period from __________ to __________, together with such interest as may be legally permissible;
- award occupation charges/mesne profits from __________ until delivery of possession, at ₹__________ per month or at such rate as may be determined upon inquiry under Order XX Rule 12 CPC, as applicable;
- award costs of the suit in favour of the Plaintiff; and
- grant any other or further relief that this Hon'ble Court considers just and proper in the facts and circumstances of the case.
PLAINTIFF
THROUGH COUNSEL
____________________, Advocate
Place: __________
Date: __________
VERIFICATION
I, __________, the above-named Plaintiff, verify that the contents of paragraphs ___ to ___ are true to my personal knowledge, paragraphs ___ to ___ are based on records/information believed to be true, and the legal submissions are based on advice received and believed to be correct.
Verified at __________ on this ___ day of __________, 20__.
PLAINTIFF
SCHEDULE OF PROPERTY
Property No./Flat No.: __________
Floor/Area: __________
Building/Locality: __________
City/District/State: __________
Boundaries or other identifying particulars: __________
