IN THE COURT OF CIVIL JUDGE (S.D.

) DEHRADUN
O.S. No of 2018

Mr. Abishek Gupta, Owner of OM JI SWEET SHOP, A sweet shop at Nanda ki

Chowki and lived at Rajpur Road, Dehradun -
…………………………………………………………………………..Plaintiff
Vs
Mr. Vibhor Singh, Owner of the House at Nanda Ki Chowki,
Dehradun………………………………………………………............Defendant
Suit For Injunction

Sir,
The defendant most respectfully submits as under:-
1. That the Plaintiff was a monthly tenant under the defendant in respect of

the premises described in Schedule below since 1983,

2. That the plaintiff needed property for the occupation of his sweet shop

3. That the plaintiff sent to the defendant a notice dated on 22nd August,2018.

Determining the tenancy on expiry of lease agreement and requiring him

to quit and vacate the said premises in Schedule on the expiry of the
agreement but against such notice the plaint refused to evede the property.
A true copy of the said notice are filed herewith.
4. That the plaintiff has not vacated the premises as yet. The defendant is

entitled to the possession of the premises on eviction of the defendant.

5. That the cause of action arose for eviction and damages on the _____ after

passing of one month from the date when the notice was sent by the
plaintiff when no reply or action of any kind was taken by the defendant.
6. That the plaintiff is entitled to get damages for his the property due to its

rash use by the defendant at the rate Rs 500 per sq feet of the property for
its devaluation. The plaintiff is also entitled to receive Rs. 2,00,000 for the
inconvenience caused by the defendant. That the purpose of valuation of
suit is valued at Rs 100000 and the valuation of court for which will be
Rs. 1000.
-Parawise Reply:
7. That the defendant herby admits Para 1 regarding the address of the

plaintiff to be at the said address.

8. Para 2 of the plaint is admitted that the defendant has been on rent since

1983.
9. Para 3 of the plaint is wrong, baseless and malafide and hence denied as

the defendant on several occasions has missed out on the payment of the
rent on the due date.
10. Para 4 is wrong as it was the defendant who maintained the property,

though it is admitted electricity bills were paid by the Plaintiff.

11. Para 5of the plaint is partly not admitted as the defendant denied the
renewal of lease agreement only after plaintiff expressed a wish to
buy the property.
12. 12. In reply to Para 6, a wish to buy the property was expressed by the
Plaintiff but the amount offered was not sufficient considering the
location and valuation of the property.
13. Para 7 is a matter of record and True facts shall appear from therecord

itself.
 14. In reply to Para 8, it is upon the court to decide whether Injunction is
justified or not considering the facts of the case.

15. In reply to Para 9,there is no cause of action that has arisen from the due

case.
16. In Para 10,the valuation provided by the Plaintiff is wrong and is
not entitled for any claim.

Defendant prays a decree against the Plaintiff for the following

reliefs:-
A) For a decree of possession of the premises in Schedule by ejecting
the defendant.
B) By decree of permanent injunction the plaintiff be restrained not to
interfere in peaceful ownership and possession of the entire property
of the defendant more fully described in the schedule given at the
foot of this counter claim.
C) Cost of the suit.
D) Any other relief in addition to or substitution thereof as the Ld.
Court made deem fit and proper in the circumstance of the case in
favour of the plaintiff.

SCHEDULE OF PROPERTY
One shop part of property at Nanda ki Chowki in which plaintiff has been
running their sweet shop under the name O.M sweet shop for almost 35 Years
which has geographical location as following:
East: Pacific Mall
West: Dominos
North: Auto Stand of Nanda Ki Chowki
South: Property of defendants of their tenancy

21August 2018 Vibhor Singh

I,Vibhor Singh, defendant do hereby verify that the contents of the above plaint in
paras 1 to 10 are partly true and correct to the best of my knowledge, information
and belief.
PLACE: DEHRADUN
DATE: :08:2018
PLAINTIFF
 IN THE COURT OF CIVIL JUDGE (S.D.), DEHRADUN
O.S. No. Of 2018
Abhishek Gupta
Vs
Vibhor Singh
Affidavit of Vibhor Singh R/o at Nanda ki Chowki, Dehradun
I, the deponent above named do hereby make on oath and state as
under:-

1- That the deponent is authorised signatory of Plaintiff Company and is

duly authorised to sign and verify the plaint and present the same and
is acquainted with the facts deposed to below.

2- That true facts have been stated in the written statement which are not

being repeated herewith for the sake of brevity and the same should
be read and understood as an integral part of this affidavit.

3- That the suit of defendant is liable to be decreed for the relief’s claimed.

.....................Deponent
I the deponent above named do hereby verify on oath that the
contents of the above affidavit in paras 1 to 9 are true to my own
knowledge. Nothing material has been concealed and no part of it is
untrue. So help me God. Verified sat Dehradun August, 2018.
.....................Deponent