Suit for Possession of Property Trespassed upon by the Defendant is the remedy available when someone illegally trespassed the property and is in possession or using it illegally. As per the ratio laid down by the Supreme Court in judgment is that a person who asserts possessor title over a particular property, will have to show he is under settled or established possession of the said property. The Court will check that whether the Plaintiff Ram had better title over the suit property and whether he was in settled possession of the property, which required dispossession as per law. Format of Suit for Possession on trespassed Property is given below:
BEFORE THE DISTRICT JUDGE AT _________
CIVIL SUIT NO. __________ OF 20__
IN THE MATTER OF:
Mr. BBB_________ PLAINTIFF
SUIT FOR POSSESSION OF PROPERTY UNDER SECTION 6 OF SPECIFIC RELIEF ACT
MOST RESPECTFULLY SHOWETH:
1. That the Defendant as owner of House No. ________ admeasuring ______situated at ________ on _____ let out the same to the Plaintiff at a monthly rent of Rs. ______ for a period of 24 months commencing from ______ and put the Plaintiff in actual Physical possession of the said property.
2. That the Lease agreement was registered with sub registrar ______on ______ Copy of the Lease Agreement dated ____ is annexed herewith and attached as Annexure P1.
3. That on _____ the Defendant entered upon the tenanted premises in the absence of the Plaintiff, broke open the lock without the consent of Plaintiff and without any authority.
4. That immediately on coming to know of the said act of trespass and unlawful and forcible dispossession committed by the Defendant, the Plaintiff reported the matter to the Police and also called upon the Defendant to vacate the said property and hand over possession thereof to the Plaintiff.
5. That the Defendant has neglected and failed to vacate the said property and handed over possession thereof to the Plaintiff, despite repeated protests by the Plaintiff.
6. That on ______ the Plaintiff sent a legal notice to the Defendant, by registered post, calling upon him to vacate the said property and hand over possession thereof to the Plaintiff, but in vain. As such, the Defendant continues to occupy the house in an unauthorized and illegal manner.
7. That the House is situated in ____________ and the lease agreement was executed within the Jurisdiction of this Hon'ble Court. The Defendant resides in 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 a period of six months from the date of dispossession.
9. That the valuation of the suit for the purposes of Court-Fees and jurisdiction is ______ for the relief of ___________and 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 the House No______ and deliver to the Plaintiff quiet and vacant possession of the Suit Premises.
b) that Plaintiff be allowed cost of the suit; and
c) 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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