Suit for Possession of Property after termination of agreement is a very effective and common remedy when the Occupant is not vacating the property even after termination of the agreement. The Plaintiff may claim rent / licence fee for the period of un authorised occupation and damages as per the terms of agreement. Format of Suit for Possession on Termination of Licence is given below:
BEFORE THE DISTRICT JUDGE AT _________
CIVIL SUIT NO. __________ OF 20__
IN THE MATTER OF:
Mr. YYY__________ DEFENDANT
SUIT FOR POSSESSION AND RECOVERY OF LICENSE FEE AND OCCUPATION CHARGES FROM THE LICENSEE
MOST RESPECTFULLY SHOWETH:
The Plaintiff, above named, respectfully submits as under:
1. That the Plaintiff is the lawful owner of Flat No. ________ admeasuring ______situated at ________.
2. That on ______ the Plaintiff allowed the Defendant to use the aforesaid Flat along with furniture and fixtures on the terms and conditions of License Agreement entered into between the Plaintiff and the Defendant signed on _______ Copy of the License Agreement dated ____ is annexed herewith and attached as Annexure P1.
3. That the Defendant has taken the property with a promise that it is for residential purpose. But after occupying the property, he started using it for commercial purpose.
4. That as per the terms of the Agreement dated _____ the license was terminable by giving three month's advance notice in Writing to either party and without giving any reason therefor.
5. That on _____ the Plaintiff sent a notice to the Defendant by Registered post and informed him that he was terminating the licence w.e.f _____ and called upon the Defendant to vacate the said Flat by the said date. The Defendant has not even cared to pay requisite monthly charges by way of licence fee for the period from _____ to _____. Copy of the Notice dated ____ issued by the Plaintiff to the Defendant for vacating the Flat is annexed herewith and attached as Annexure P2.
6. That on the stipulated date ______ when the Plaintiff called upon the defendant to vacate the said house, he failed to do so. Thereafter the Plaintiff personally contacted the Defendant on _____ and ______ but the Defendant was not prepared to vacate the said Flat. As such, the defendant continues to occupy the Flat in an unauthorised and illegal manner.
7. That the Flat is situated in ____________ and the licence agreement was executed within the Jurisdiction of this Hon'ble Court. The Defendant resides in and carries on his business within the jurisdiction of this Hon'ble Court. As such this Hon'ble Court has Jurisdiction to entertain, try and decide the Suit.
8. That the cause of action firstly arose on ________ then it arose on _____ and ultimately it has arisen on _______. Therefore, this Suit has been filed within the period of limitation.
9. That the valuation of the suit for the purposes of Court-Fees and jurisdiction is ______ for the relief of ___________and is Rs. _____ for the pruposes of relief of _______________. Accordingly, Court fee of Rs. __________ has been affixed.
10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:
P R A Y E R
That the Plaintiff, therefore, prays:
a) that the Suit be decreed in favour of the Plaintiff and against the Defendant , and accordingly the Defendant be ordered to forthwith remove himself and his belongings from Flat No______.
b) that the Defendant be orderd to pay to the Plaintiff a sum of Rs. __________ i.e. at the agreed rate of being use and occupation charges of the house, for the period from ______ to _____.
c) that the Defendant be ordered to pay the Plaintiff a sum of Rs. _________ for use and occupation of the said house, for the period from ______ till the house is vacated;
d) that Plaintiff be allowed cost of the suit; and
e) to grant any other relief, which the Hon'ble court deems fit, may please be granted to the plaintiff in the interest of justice.
I, ____________, the above named Plaintiff do solemnly declare that whatever has been stated in Para 1 to __ of the Plaint are true to the knowledge of the Plaintiff where Para No___ to Para No___ are true on the basis of information received by him and believed to be true by him.
Verified at ____ on this ______ day of _____ 20__
Section 138 of Negotiable Instruments Act
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