Professional Documents
Culture Documents
Draft of Plaint
Draft of Plaint
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
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”)
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
.
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
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
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]