(Affix Court Fees Rs.6.

00)

IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION),

KALAHANDI, BHAWANIPATNA
Suit No. _______ of 2020

Ajit Sahu, aged about 53 years, S/o Nilamani Sahu, resident of Village: Bhawanipatna (Madar
Bagicha Pada), P.o: Bhawanipatna, P.s: Bhawanipatna, Dist.: Kalahandi, Occupation: Business,
Munsiff: Bhawanipatna …………… …………… …… Plaintiff

Vrs

Subash Sahu, aged about 35 years, S/o Hara Sahu, presently residing At: Bhawanipatna (Madar
Bagicha Pada), P.o: Bhawanipatna, P.s: Bhawanipatna, Dist.: Kalahandi, Occupation: Business,
Munsiff: Bhawanipatna, permanent resident of Village: Kesinga (Gandhi Chowk), P.o: Kesinga,
P.s: Kesinga, Dist.: Kalahandi, Occupation: Service, ………… Defendant

SUIT FOR EJECTMENT OF TENENCY

Suit Valuation: Rs.55000/-

Ad valorem Court Fee Paid: Rs._______/-

Most respectfully the plaintiff begs to state as follows:-

1. That the plaintiff, Ajit Sahu, aged about 53 years, S/o Nilamani Sahu, resident of Village:
Bhawanipatna (Madar Bagicha Pada), P.o: Bhawanipatna, P.s: Bhawanipatna, Dist.: Kalahandi is
entitled to sign Vakalatnama, verify plaints, pleadings and other documents.

2. That plaintiff being the owner of a Duplex Building over Khata No:79 bearing to its Plot
No:1289/2347 for an area of Ac.0.050 Dec. situated in front of Reliance Petrol Pump, Mandar
Bagicha Pada, Bhawanipatna, Kalahandi, Odisha let out said flat to Subash Sahu, aged about 35
years, S/o Hara Sahu of Village: Kesinga (Gandhi Chowk), P.o: Kesinga, P.s: Kesinga, Dist.:
Kalahandi with effect from 01/08/2015 till date who is residing with his family vide a Verbal
Agreement stating that he will pay on monthly rental basis amounting to Rs.10,000/- only (Rupees
Ten Thousand only) by depositing in the Plaintiff’s bank account vide A/c No:1170287657, IFSC
Code:SBIN0003365, State Bank of India, Main Branch, Bhawanipatna. The delivery of the
possession of the said premises was simultaneous on the said date.

3. That since August, 2019, the defendant stop paying the rent after several demand also till
March, 2020. However, the defendant who were approached through person by plaintiff did not
agree to the plaintiff‟s demand. The plaintiff thereafter served a legal notice on dated
15/04/2020 through their Counsel, Shri A. Mohanty under section 106 of Transfer of Property Act
terminating the said tenancy on mid-night of 30/04/2020.

4. That the defendant received the plaintiff‟s legal notice U/s. 106 of the Transfer of
property Act on 15/04/2020 i.e. clear 15 days before the last day of 30/04/2020 and thus is a valid
notice under the Transfer of Property Act.

5. That however, the defendant even after receiving the said legal notice have neither
vacated the premises nor shown their intention to vacate. Thus the defendant from 15/04/2020 are in
wrongful use and occupation @ Rs.1000/- including interest per day as the rate of rent in the area are
for such premises prevailing and the plaintiffs have rightly assessed the rate of Rs.1000/- per day.
The same rate was demanded in the legal notice dated 15/04/2020. That since the premises were
needed by the plaintiff he will have to take on rent the premises of same size in the same area where
the flat is situated and the plaintiffs have done a market survey during the search for the flat and
found that the rate of rent in the area is Rs.10/- to Rs.15/- per sq. feet. The plaintiffs own flat which
is 1000 sq. ft. super area will be available in the market for Rs.10,000/- to 15,000/- per month.
 -2-

6. That after several verbal demand and Pleader Notice was sent on dated 15/04/2020, the
Defendant deposited an amount of Rs.50,000/- (Fifty Thousand) only in Plaintiff’s Bank Account,
but did not give any reply.

7. That the cause of action in the present case arose after demanding rent several times in
verbal method to vacate the said flat. The cause of action further arose on 01/04/2020 when the
plaintiffs again approached the defendant in person for the vacation of flat and however did not
oblige. The cause of action further arose when the plaintiffs served a legal notice dated 15/04/2020
through his advocate Shri A. Mohanty asking the defendant to vacate the same by 30/04/2020.
The said notice was duly received on 15/04/2020. However, the defendant did not vacate the flat in
question. The cause of action in the present case is a continuing one.

8. That since the property whose possession is sought is situated in Bhawanipatna. The Lease
for the premises was executed in Bhawanipatna and delivery of possession made in Bhawanipatna.
The Honourable Court has jurisdiction to try and settle the claim

9. That for the purpose of Court Fee and jurisdiction, the suit has been valued at Rs.55,000/-
(Rupees Fifty five Thousand) only the court fee payable has been calculated advalorem as per the
chart/ section 7 of the Court Fee Act on the annual rent received by the plaintiffs. The annual rent is
Rs.1,20,000/- (Rupees One Lakh Twenty Thousand) arrived at by multiplying monthly rent of
Rs.10,000/- by 12. On this a court fee of Rs. ___________/- is paid. The plaintiff undertakes to pay
any additional court fee that may be found due by the Hon’ble court.

10. That the plaintiff relied on the following documents which are filed herewith and reserves its
right to file any other relevant documents or papers and raise any other points as and when
necessary.

a) Settlement ROR Khata No:79

b) Sketch Map of Plot No:1289/2347 under Khata No:79 for an area of Ac.0.050 Dec
c) Land Revenue Receipt of Khata No:79
d) Bank Account Statement from 01/08/2015 to 29/02/2020
e) Advocate Notice with Regd. Ad. receipt Dt.15/04/2020

11. That It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:

a) pass a decree for ejectment against the defendant and in favour of plaintiffs ;
b) pass a decree for payment of damages @ Rs.1000/- per day with interest for wrongful use
and occupation of the flat by the defendant ;
c) Any other relief deemed fit and proper may also be given.
d) Costs of the case may also be given.

P L A I N T I F F

VERIFICATION

I Sri Ajit Sahu, aged about 53 years, S/o Nilamani Sahu, resident of Village: Bhawanipatna
(Madar Bagicha Pada), P.o: Bhawanipatna, P.s: Bhawanipatna, Dist.: Kalahandi do hereby declare
that the contents of the plaint from para 01 to 11 including the prayer portion to be true and correct,
to the best of my knowledge and information received. Hence, I verify and signed the same on this
the 5th day of May, 2020 at 9.30 A.M. in the office of the Advocate Sri A. Mohanty at
Bhawanipatna.

Adv for the plaintiff Plaintiff

 IN THE COURT OF THE CIVIL JUDGE (Sr. DIVISION),
BHAWANIPATNA
Suit No. _______ of 2020

Ajit Sahu …………….. Plaintiff

Versus

Subash Sahu ……………. Defendant

AFFIDAVIT

I Sri Ajit Sahu, aged about 53 years, S/o Nilamani Sahu, resident of Village: Bhawanipatna
(Madar Bagicha Pada), P.o: Bhawanipatna, P.s: Bhawanipatna, Dist.: Kalahandi, Occupation:
Business, do hereby solemnly affirm and as follows:-

1. That I am the Registered lawful owner of the plot in question.

2. That I am acquainted with the facts and circumstances of the case and in charge of the suit/
case.

3. That the contents of the plaint para 01 to 11 and verification is true to the best of my
knowledge, information and belief. Hence, I verify and signed on this the 5 th day of April,
2020.

I identified the deponent

Who signed before me

Advocate, Bhawanipatna DEPONENT