Suit for Ejectment of a Tenant on Grounds of Default – Sample Format

1. That the defendant was a monthly tenant under the plaintiff in respect of the premises described in Schedule A below from ….19.. paying therefore rent at the rate of Rs. 3,000/- per month. The said tenancy was according to English Calendar month.

2. That the defendant defaulted in payment of rent for the said premises for six months from….. 19….to….19…and for such default the defendant became liable to be evicted from the said premises.

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3. That the plaintiff through his lawyer Sri B. Seenayya, Advocate, sent to the defendant a notice dated…. determining the tenancy on expiry of… and requiring him to quit and vacate the said premises in Schedule A on the expiry of 19.. ..The said notice was sent by registered post with A/D and was refused by the defendant on.. ..and received back by the plaintiffs lawyer on…… A true copy of the said notice, the Registration Receipt and the refused envelope are filed herewith and the plaintiff craves leave of the court to treat them as part of the plaint.

4. That the defendant has not vacated the premises as yet. The plaintiff is entitled to Khash possession of the premises on ejectment of the defendant. The plaintiff is also entitled to get Rs being rent for the months from. …19 ……. to 19……… and damages for the defendant’s wrongful occupation of the premises at the rate of Rs. 100/- per diem until the plaintiff recovers possession. The plaintiff claims for the present damages of Rs. 10,000/- up to the date of institution of suit.

5. That the cause of action for this suit arose for ejectment and damages on the 1st of….. 19….. and for arrears of rent on the 1st day of….. 19….. and on the first day of each subsequent month at. within the jurisdiction of the court.

The plaintiff therefore prays:

(a) For a decree for khash possession of the premises in Schedule “A” by ejecting the defendant.

(b) For a decree of Rs….. being arrears of rent from…… 19 …. to….19…, both inclusive at the rate of Rs….. per month.

(c) For a decree of Rs.. as damages and further damages until possession is delivered to the plaintiff at such rate as the court deems proper on payment on court – fees

(d) All costs of suits.

Written Statement:

1. It is true that the defendant has been tenant on a monthly rent of Rs. 3,000/-. It is also true that the defendant fell in arrears of rent for six months. The defendant submits that he could not pay rent owing to stagnation of his business. He orally informed the plaintiff about his difficulty. The plaintiff promised not to press for rent for one year. Much against his promise, this suit is laid. As such, the suit is not maintainable.

2. The defendant denies receiving any notice determining tenancy. The question of the defendant refusing such notice does not arise. The suit is also bad for want of proper Section 106 T.P. Act notice.

3. The defendant therefore prays for dismissal of the suit with costs.