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| Civil Suit |
Purpose: To restrain a landlord from taking illegal possession of his flat through
civil court.
Forum: Senior Civil
Judge.
Parties/titled: Tenant vs landlord
Suit for Declaration and Permanent Injunction
Respectfully
Sheweth:-
That the
plaintiff is law abiding citizen of Pakistan and enjoying respectable life in
the vicinity.
That on
01.12.2017, the plaintiff took a Flat No. E-1, Street No. 54, Block-F, Sector
F-6/4, Islamabad from the defendant on monthly rent of Rs. 18,000/- per month,
for a period of one year extendable and on the same day a written tenancy agreement
was also executed between the plaintiff and defendant which is still intact (copy
of tenancy agreement is annexed herewith).
That the
plaintiff also paid Rs. 18,000/- (one month rent) in advance as security and is
paying the monthly rent of the above said flat to the defendant regularly as
without any delay or default.
That now the
defendant intends to get vacate the suit flat from the plaintiff illegally,
forcibly and without due process of law despite knowing this fact that the
tenancy agreement is still intact and there is no any default on behalf of the plaintiff.
The plaintiff is
not only paying the monthly rent but also tendering the utility bills and other
dues of the suit flat and nothing is outstanding against the plaintiff towards
the defendant in connection of the suit flat. It is worthwhile to mention here
that the defendant intends to earlies eviction of the suit flat and not giving
a reasonable time period for arranging another compound wherein the plaintiff can
take shelter, which act of the defendant is totally against the prevailing
tenancy rules and law.
That the
plaintiff asked the defendant to refrain from his illegal and unlawful designs
but despite to accede the legitimate request of the plaintiff, the defendant started
extending threats of dire consequences to the plaintiff in order to take the
possession of the suit flat forcibly and illegally, hence this suit.
That the cause
of action accrued to the plaintiff two days ago when the defendant tried to get
vacated the suit flat from the plaintiff illegally, forcibly and without due
process of law and the same is continuing day by day.
That the cause
of action accrued at Islamabad, the suit flat is also situated in Islamabad,
hence this Hon’ble court has jurisdiction to try and adjudicate upon the
matter.
That the value
of the suit for the purposes of court fee and jurisdiction fixed Rs. 15,000/-
which is exempted from the levy of court fee.
PRAYER:
In view of the
above circumstances, it is, most respectfully prayed that a decree for declaration
to the effect that the plaintiff is lawful tenant in the suit flat
and the defendant has no right to take the possession of suit flat from the
plaintiff without due process of law and a decree for permanent injunction
restraining the defendant from interfering into the peaceful possession of the
plaintiff over the suit flat as tenant and from taking the possession of the suit
flat from the plaintiff illegally, forcibly and without due process of law and
also extending threats of dire consequences to the plaintiff and from
harassing, humiliating and pressurizing the plaintiff in any manner whatsoever
may kindly be passed in favour of the plaintiff and against the defendant with
costs.
Plaintiff Through Counsel
VERIFICATION:
Verified on Oath that the
contents of paragraphs are true and correct to the best of my knowledge and
belief and nothing has been concealed therein.
…….Plaintiff
Note:
To attach an application under
order 39 Rule 1 & 2 CPC for the grant of an interim injunction.
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