SUIT FOR RECOVERY OF RUPEES AS DAMAGES FOR USE AND OCCUPATION OF HOUSE

THE COURT OF DISTRICT AND SESSIONS JUDGE DADU

ABC S/o           Description of the plaintiff……………..PLAINTIFF

Vs.

FDA S/o           Description of the defendant………..…DEFENDANT

SUIT FOR RECOVERY OF RUPEES         AS DAMAGES FOR USE AND

OCCUPATION OF HOUSE NO.                        SITUATED AT            

(DESCRIPTION OF THE HOUSE BE GIVEN)

Respectfully Sheweth:

1)      That the plaintiff is owner of the house as mentioned above in the title of the suit.

2)       The said property was purchased by the plaintiff him through auction conducted by the Banking Court No. 1 Dadu. Certificate of sale was accordingly issued and possession handed over to the plaintiff on the completion of sale. Copies placed at annexure A.

3)      That the plaintiff had to go abroad to complete his education in M.Phil. From the AIT University Bangkok.

4)       That the defendant who is in a relative of the plaintiff was put into possession of house with permission of the plaintiff and he was allowed to remain in possession till the plaintiff completes his education and come to his mother country from abroad. The defendant promised to pay Rs. 6000/- per month as compensation for use and occupation of the house in question.

5)      That rent prevailing in the locality is much more than Rs. 6000/- per months as the property in question is a newly constructed single storey banglow situated in a posh area.

6)      That on return from abroad the plaintiff asked him the defendant to vacate the premises and also pay Rs. 180,000/- as rent for period of 2 and half years doing which the defendant remained in use and occupation of the house in question.

7)      That the defendant promised to do the needful promptly  as soon as a suitable accommodation become available to him and pay the outstanding amount of Rs. 180,000/- as mentioned in para 6 above.

8)      That on the last Saturday i.e. 9^th of June 2013 the defendant handed over the vacant possession of the house in question but the flatly refused to pay Rs. 180,000/- to the plaintiff as compensation for the premises used and occupied by the defendant.

9)      That the cause of action accrued to the plaintiff against the defendant on the day when the plaintiff returned from abroad and asked the defendant to hand over the possession along with the amount of rent as calculated in para 6 above. The cause of action further accrued on 9^th of June 2013 when the defendant through handed over the vacant possession of the house in question but refused to pay rent of Rs. 180,000/- the cause of action still subsists.

10)  That the suits property situate at Dadu where both the parties reside and cause of action also arose at Dadu therefore this Honourable Court has jurisdiction to try and adjudicate upon the matter.

11)  That ad valorem Court fees of Rs.       Is affixed on the plaint. The plaint is valued for the purpose of jurisdiction at Rs. 180,000.

Prayers

It is therefore respectfully prayed that this honourable Court may be pleased to decree the suit. The defendant be directed to pay Rs. 180,000/- along with the interest at bank rate from the date of filling of the suit till payment.

Any relief which this honourable Court may deem fit is further prayed.

PLAINTIFFS

Through

Councel

Verification:

Verified at Dadu today dated the of 9^th February, 2013 that the contents of the plaint from para 1 to 8 are true to the best of our knowledge and that of para 9 to 11 are true to the best of our information and belief.

PLAINTIFF