Note: This Legal Draft is merely illustrative and not exhaustive. This shall only be used in consultation with a lawyer and with due edits to meet the specific needs of the user.
IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT ___________), DELHI
SUIT NO. __________ OF 20__
IN THE MATTER OF:
Sh. Rajesh Kumar S/o ________, R/o Laxmi Nagar, Delhi
… PLAINTIFF
VERSUS
- Sh. Ashok Sharma S/o _________, R/o Shyam Vihar, Delhi
- Mrs. Seema Sharma W/o Sh. Ashok Sharma, R/o Shyam Vihar, Delhi
… DEFENDANTS
SUIT FOR PERMANENT INJUNCTION
MOST RESPECTFULLY SHOWETH:
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That the Plaintiff is a permanent resident of the address mentioned above and has been residing at property bearing no. ________, Laxmi Nagar, Delhi, as a lawful tenant for the last __ years along with his family, comprising his wife and minor children.
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That the Plaintiff is a tenant in the property bearing no. ________, Laxmi Nagar, Delhi, consisting of two rooms, a kitchen, and a bathroom. The monthly rent for the said premises is Rs. 200/- (Rupees Two Hundred Only), excluding utility charges. The tenancy commenced under the late owner, Sh. ________, who passed away on 15.10.2020.
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That the Plaintiff has been regularly paying the agreed rent to the deceased landlord until his demise. However, the late landlord did not issue rent receipts despite repeated requests by the Plaintiff.
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That at the request of the late landlord, the Plaintiff incurred substantial expenses on renovations and improvements to the said property, including the construction of an additional room. The Plaintiff possesses receipts and documents substantiating these expenditures.
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That the Plaintiff continues to reside peacefully in the said premises and has official documentation, such as Ration Card, Aadhar Card, and utility bills, reflecting his lawful occupation of the property. Copies of the documents are annexed herewith for this Hon’ble Court’s kind perusal.
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That the Defendants, who claim to be the legal heirs of the late landlord, have been attempting to interfere with the Plaintiff’s peaceful possession. On multiple occasions, the Defendants have made illegal and coercive attempts to dispossess the Plaintiff.
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That on [specific date], the Defendants unlawfully entered the premises and threatened the Plaintiff with dire consequences unless he vacated the property immediately. This act was prevented due to the timely intervention of neighbors.
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That the Plaintiff, being apprehensive of further threats, approached the concerned Police Post to lodge a formal complaint. However, the Police failed to take any action, leaving the Plaintiff with no alternative remedy but to seek the protection of this Hon’ble Court.
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That the Plaintiff served a legal notice dated [date] to the Defendants, urging them to cease their unlawful activities. A copy of the notice and proof of dispatch are annexed herewith. Despite this, the Defendants continue to pose a threat to the Plaintiff’s lawful possession.
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That the Plaintiff submits that any forceful dispossession by the Defendants would amount to a violation of Section 6 of the Specific Relief Act, 1963, which mandates that no person shall be dispossessed of immovable property except in accordance with due process of law.
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That the cause of action arose on [specific dates] when the Defendants attempted to forcibly dispossess the Plaintiff and continues to persist owing to the repeated threats issued by the Defendants.
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That this Hon’ble Court has territorial and pecuniary jurisdiction to entertain and adjudicate upon the present suit as the property in question is situated within the jurisdiction of this Hon’ble Court.
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That the Plaintiff has complied with all procedural requirements, including affixing the requisite court fee of Rs. ____, and has no other alternative remedy except to approach this Hon’ble Court.
PRAYER
In light of the facts and circumstances mentioned above, the Plaintiff most respectfully prays that this Hon’ble Court may graciously be pleased to:
a. Pass a decree of Permanent Injunction restraining the Defendants, their agents, employees, or any other persons acting on their behalf, from dispossessing the Plaintiff from the premises bearing no. ________, Laxmi Nagar, Delhi, or interfering with the Plaintiff’s peaceful possession of the said property.
b. Award the costs of the suit in favor of the Plaintiff and against the Defendants.
c. Grant any other relief that this Hon’ble Court may deem fit and proper in the interest of justice.
PLAINTIFF
Place: ________
Date: ________
Through Counsel
[Name of Advocate]
[Enrollment No.]
VERIFICATION
I, Rajesh Kumar, S/o _______, the Plaintiff in the present suit, do hereby solemnly verify and declare that the contents of paragraphs 1 to 13 are true to my knowledge derived from the records and documents in my possession. The last paragraph contains my humble prayer to this Hon’ble Court.
Verified at Delhi on this ___ day of ______, 20.
PLAINTIFF
[NOTE: This plaint is to be supported by an affidavit as per Order VI Rule 15 of the Code of Civil Procedure, 1908.]
