Exercise- Draft a Plaint

BEFORE THE HON’BLE CITI CIVIL COURT,LEARNED DISTRICT JUDGE,

AT MUMBAI
CIVIL SUIT NO.322 of 2022

In the matter of:

Mrs Wendy an Indian Inhabitant )
having her permanent place of residence )
at Verma Nagar, )
C.S.T Fort, )
Mumbai- 400021 ) ..Plaintiff

Mr. Bob an Indian Inhabitant )

having her permanent place of residence )
At Ashok Chawk, )
S.V Marg, )
Mumbai- 400021 ) …Defendant

INDEX
Sr. Particulars Page no.
No
1 Memo of Parties
2 Suit under
Order and Rule
of Code of Civil
Procedure
3 List of
Documents
4 Annexure A-
 Copy of original
paper of land
5 Annexure B-
Copy of Lease
Deed
6 Annexure C-
Copy of email
7 Annexure D-
Copy of Legal
notice
8 Verification
9 Affidavit
10 Vakalatnama

BEFORE THE HON’BLE CITI CIVIL COURT,LEARNED DISTRICT JUDGE,

AT MUMBAI
CIVIL SUIT NO.322 of 2022

In the matter of:

Mrs Wendy an Indian Inhabitant )
having her permanent place of residence )
at Verma Nagar, )
C.S.T Fort, )
Mumbai- 400021 ) ..Plaintiff

Mr. Bob an Indian Inhabitant )

having her permanent place of residence )
At Ashok Chawk, )
S.V Marg, )
Mumbai- 400021 ) …Defendant
SUIT FOR RECOVERY OF POSSESSION OF LAND AND ARREARS OF RENT
ALONG WITH MESNE PROFIT

MOST RESPECTFULLY SHOWETH:

A. Description of the Parties:

1. The plaintiff, aged 50 years, is a resident of Verma Nagar C.S.T Fort, Mumbai-
400021. The plaintiff is the owner of the land bearing CTS No. 456, admeasuring 2,000
square feet, situated and lying at General Bhosale Marg, Mumbai – 400 021(“the Said
Suit”).The copy of the original paper of the land is annexed herewith and marked as
“Annexure A”.The defendant, aged 40 years, is is a resident of Ashok Chawk, S.V
Marg, Mumbai. The defendant is a businessman who runs a petrol pump at Mumbai-
400021.

2. The plaintiff file the suit/plaint under Order 20 Rule 12 through her Advocate before
this Hon’ble Court and prayed to pass the decree in the favor of plaintiff and against the
defendant and for the recovery of the possession of the land (“the Said Suit”)

B. Facts leading to the cause of actions:

2. On the 1st March ,2011, the plaintiff had entered into a Lease Deed (“Deed”) with the
defendant for the Said Suit Land, upon certain terms and condition.It was agreed between
them that the Defendant shall use the Said Suit Land for conducting its Business of Petrol
Pump for a period of 10 (ten) years starting from 2011 to 2021.The Defendant shall pay
the rent of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand only) each month to Mrs
Wendy as consideration for using and occupying the Said Suit Land. The defendant shall
vacate the Said Suit Land on 31st December 2021 and remove only moveable furniture
and fixtures from the Said Suit Land.In the event of delay in the payment of the rent, Mr
Bob shall be liable to pay an interest of 18% (Eighteen Percent) p.a.The copy of the
Lease Deed between the plaintiff and the defendant is annexed herewith and marked as
“Annexure B”
3. The defendant had paid the rent till September 2021, however, after September 2021,
the defendant has been irregular, he has not paid the rent to the plaintiff for the month of
October, November and December 2021.
4. On 10th October 2021, the plaintiff sent a vide email to the defendant,on 22nd October
2021, 15th November 2021 and 2nd December 2021 the plaintiff even followed up and
also made several calls to the defendant and asked him for the repayment of arrear of
rent along with 18% interest and asked the defendant to vacate the Said Suit Land,The
copy of the email dated 10th October 2021 sent by the plaintiff to the defendant
demanding the unpaid amount of the rent with interest is annexed herewith and marked as
“Annexure C”.The defendant has purposely chosen not to reply to the emails and notices
and despite the expiry of the Deed the defendant is still continued to occupy the Said Suit
Land.
5. On 15th December 2021, when the defendant was irregular in making the payment of
the rent , the plaintiff sent a legal notice through her counselor to the defendant and called
upon the defendant and asked him to vacate and hand over vacant possession of the Said
Suit Land by 30th December 2021. It was clearly stated in the legal notice that the
tenancy of the defendant further stood terminated with effect from 31st December
2021.The copy of the legal notice is annexed herewith and marked as “Annexure D”
6. The defendant was also informed that if he failed to vacate the premises, as above, his
occupation and possession with effect from 01st January 2022 shall be unauthorized and
illegal. The defendant was further informed that on his failure to vacate the premises, he
shall be liable to pay damages for use and occupation/mesne profits (the cost )with effect
from 01st January 2022 at the rate of Rs.1,00,000 (Rupees One Lakh only) till the time it
surrendered vacant possession of the premises to plaintiff.
7. On 16.12.2021, the notice was duly served upon the defendant However, the defendant
did not vacate the premises by 31st December 2021 as called upon. The defendant
continues to be in illegal and unauthorized possession of the Said Suit Land.

C.Jurisdiction
8. The present suit is within the jurisdiction of the Hon’ble Court as the plaintiff and the
defendant are residents of Mumbai and where the plaintiff is the owner of the said land
and the defendant is the tenant of the said land in Mumbai which forms a part of the
territorial jurisdiction of this Hon’ble Court. The present suit is for the recovery of the
possession of land, recovery of arrears of rents for three months with 18% interest and
mesne profit(the cost) upto 1,00,000/-Rs, which falls within the pecuniary jurisdiction of
this Hon’ble Court. The present suit primarily addresses the failure of the defendant to
return the possession of said land and to return the rent amount to the plaintiff after it was
due and payable

D. Limitation period:
9. The present suit is within limitation as the rent was not due from October 2021. As per
Article 52 of the Indian Limitation Act it prescribes for the recovery of arrears of rents a
period of three years from the date the arrears become due and Article 65 to Schedule I of
the Limitation Act, 1963 prescribes a timeline of 12 years, within which an aggrieved
person may file a suit for recovery of possession of immovable property or any interest
therein.

F. Court Fees
10.The plaintiff has paid on the present plaint the prescribed court fees of Rs. 2000. The
plaintiff further undertakes to pay such other or further fees, if any, payable on this plaint
on the (final) decree that may be passed herein, as and when directed to do so by this
Hon’ble Court.
G. Documents
11. The present suit is filed along with documents in original and in duplicate as
mandated under the provisions of the Code of Civil Procedure 1908. An affidavit in
support of the suit is also filed along with the suit.

PRAYER
It is , therefore, most humbly prayed that this Hon’ble Court may be pleased to:
1. Pass a decree in favor of the plaintiff and against the defendant for a sum of Rs,
1,00,000 as a mesne profit with arrears of rent amount for 3 months.

2. Pass a decree for the recovery of the possession of the land (“the Said Suit”) of the
plaintiff along with 18% of interest for the late payment of rent of the land.

3. Award the costs of the present suit in favor of the plaintiff and against the defendant;
and

4. Pass such other orders as this Hon’ble Court may deem fit and proper in the facts and
circumstances of the present case
.

Place: Mumbai Plaintiff

Dated:
(Through)
Advocate for the
plaintiff

VERIFICATION
I, Mrs Wendy w/o Mr wendy, resident of at Verma Nagar, C.S.T Fort, Mumbai-
400021,the plaintiff abovenamed, hereby state and solemnly declare that what is given in
paragraph 1,8,9,10, are true and to the best of my knowledge and what is given in Para 2,
3, 4, 5, 6 and 7 are stated on my information and belief and which I believe to be true.

Plaintiff
Solemnly Declared on 18-01-2022
 Identify by me
Advocate for the Plaintiff

Exercise-2 Draft a Synopsis, Affidavit and Vakalatnama

BEFORE THE HON’BLE CITI CIVIL COURT,LEARNED DISTRICT JUDGE,

AT MUMBAI
CIVIL SUIT NO.322 of 2022

In the matter of:

Mrs Wendy an Indian Inhabitant )
having her permanent place of residence )
at Verma Nagar, )
C.S.T Fort, )
Mumbai- 400021 ) ..Plaintiff

Mr. Bob an Indian Inhabitant )

having her permanent place of residence )
At Ashok Chawk, )
S.V Marg, )
Mumbai- 400021 ) …Defendant

SYNOPSIS FOR LIST OF DATES AND EVENTS

Sr. Date Particulars
1 01.03.2011 Plaintiff and Defendant entered into a
Lease Deed (“Deed”)for a period of 10
years 2011 to 2021
2 It was agreed between the Parties that
The Defendant shall vacate the Said Suit
Land on 31st December 2021 after the
expiry period of 10 years.
Defendant clear the rent of the said suit
till September 2021 and haven’t paid the
rent of the month of October, November
and December 2021
3 10.10. 2021 Plaintiff sent a vide email to the
defendant asking for the clearance of the
arrears of rents
4 22.10.2021, Plaintiff even followed up and also made
15.11. 2021 several calls to the defendant and asked
and 2.12.2021 him for the repayment of arrear of rent
along with 18% interest and asked the
defendant to vacate the Said Suit Land
5 15.12.2021 Plaintiff, through his counselor, sent a
legal notice to the defendant and called
upon the defendant and asked him to
vacate and hand over vacant possession
of the Said Suit Land by 30th December
2021.
6 Defendant was also informed that if he
failed to vacate the premises, as above,
his occupation and possession with
effect from 01st January 2022 shall be
unauthorized and illegal.
7 The defendant was further informed
that on his failure to vacate the premises,
he shall be liable to pay damages for use
and occupation/mesne profits (the
cost )with effect from 01st January 2022
at the rate of Rs.1,00,000 (Rupees One
Lakh only) till the time it surrendered
vacant possession of the premises to
plaintiff.

8 16.12.202 The notice was duly served upon the

defendant. But the defendant continues
to be in illegal and unauthorized
possession of the Said Suit Land.
BEFORE THE HON’BLE CITI CIVIL COURT,LEARNED DISTRICT JUDGE,
AT MUMBAI
CIVIL SUIT NO.322 of 2022

In the matter of:

Mrs Wendy an Indian Inhabitant )
having her permanent place of residence )
at Verma Nagar, )
C.S.T Fort, )
Mumbai- 400021 ) ..Plaintiff

Mr. Bob an Indian Inhabitant )

having her permanent place of residence )
At Ashok Chawk, )
S.V Marg, )
Mumbai- 400021 ) …Defendant

Affidavit in Support
I, Mrs Wendy, aged 50 years , residing at Verma Nagar, C.S.T Fort, Mumbai- 400021, the
Plaintiff herein and abovenamed, do hereby state on solemn affirmation as under:

• I say I have filed the above Plaint for the reliefs more specifically set out in the
Plaint
• I repeat, reiterate and adopt each and every statement in the Plaint as if the same
were set out herein and form a part of this affidavit. I crave leave to refer and rely
upon the Plaint.
Plaintiff
Solemnly Declared on 18-01-2022
Identify by me
 Advocate for the Plaintiff

BEFORE THE HON’BLE CITI CIVIL COURT,LEARNED DISTRICT JUDGE,

AT MUMBAI
CIVIL SUIT NO.322 of 2022

In the matter of:

Mrs Wendy an Indian Inhabitant )
having her permanent place of residence )
at Verma Nagar, )
C.S.T Fort, )
Mumbai- 400021 ) ..Plaintiff

Mr. Bob an Indian Inhabitant )

having her permanent place of residence )
At Ashok Chawk, )
S.V Marg, )
Mumbai- 400021 ) …Defendant

Vakalatnama
I/We Mrs.Wendy hereby appoint SK ALI AND ASSOCIATE Advocate High Court,
Mumbai to act , appear,plead for me on the above said matter.
To sign, verify and present pleadings, applications, appeals, cross objections or petitions
for executions, review, restoration, withdrawal, compromise or other petitions, replies,
objections or affidavits or documents as may be deemed necessary or proper for the
prosecution of the said case in all its stages.
To take out execution proceedings.
To deposit, draw, and receive moneys, cheques and grant receipts there and to all other
acts and things which may be necessary to be done for the progress and in the course of
prosecution of that said case.
And I/we undersigned do ratify and confirm acts done by the advocates or his substitute
in the matter is my/our acts, as if done by me/us to all intents and purposes.
And I/We do hereby agree that in the event of any part of the fees agreed by me/us to be
paid to the Advocate remaining unpaid,he shall be entitled to withdraw from the
prosecution and would be entitled to the same.

IN THE WITNESS WHEREOF I/WE do hereby upto put my/our hand to these
presents the contents to which have been understood by me/us on the 18th day of
January 2022
Accepted
Client
SK ALI AND ASSOCIATE
Vahnavi Marg, RCF Road
Sindhi Society
Chembur (E), Mumbai 400071
Mobile No.- 7506416914
Email [email protected]