IN THE COURT OF RENT CONTROLLER

CHANDIGARH

PETITION NO. 221/ 2019

Rahul Sharma, S/o Purshotam Sharma , R/o House no. 25, sector 15-A, Chandigarh

---------Petitioner

V.

Ankit Tiwari, S/o Manoj Tiwari, R/o House no. 26, sector 15-A, Chandigarh

-------Respondent

Petition under section 130 of East Punjab Urban

Rent Restriction Act 1949 as applicable to UT,

Chandigarh for the eviction of respondent from

House no. 26, Sector 15-A, Chandigarh on

ground of non- payment of rent.

RESPECTFULLY SHOWTH,

(1) That the petitioner is owner of house no. 26, sector 15-A, Chandigarh. The respondent was
inducted in house no. 26, sector 15-A, Chandigarh in accordance with the terms and
conditions of validly executed lease deed dated 1-04-2017 for the period of 5 years. The rent
as regard between the parties was fixed at rate of Rs. 20,000 per month excluding water and
electricity charges. The said monthly rent was agreed to be payable on advance or on before
7th of each English calendar month. It was further agreed between parties that the agreed rent
would increase by 10% p.a. The above stated lease deed has been duly registered.
(2) That the respondent occupied the tenancy premises as tenant on 01-04-2017. The respondent
kept on paying the rent regularly for initial four months and thereafter started making the
defaults in making the payment of monthly rent. The respondent stops making payment of
rent from 01-12-2017.
(3) That the petitioner kept on making oral requests to the respondent for making the payment of
rent as well as to pay the arrears of rent. However, the respondent never paid attention to the
reported requests of petitioner.
(4) That the petitioner was compelled to serve legal notice dated 01-07-2018 upon the respondent
whereby the petitioner terminated the tenancy of respondent and called upon him to vacate the
tenancy premises and handover peaceful and vacant premises of said tenancy premises to
petitioner within 21 days from the issuance of the said notice.
(5) That in spite of the above stated notice, the respondent never gave any reply to the said notice
nor vacated the tenancy premises. As such the respondent has assumed a status of trespasser
in respect of impugned premises.
(6) That in the light of above stated facts, it is clear that the respondent has been willfully
neglecting to pay the monthly rent in respect of tenancy premises petitioner and further due to
that reason the petitioner has tenancy has been cancelled and therefore liable to be evicted
from tenancy premises.
(7) That the cause of action first arose on 01-12-2018 when the respondent stopped making
payment on dated ------ when the respondent did not comply with terms of legal notice.
(8) That the tenancy premises is situated in Chandigarh therefore this hon’ble court has
jurisdiction to entertain and dispose off the petition.

(9) That the required court fee is attached here with.

 PRAYER

It is therefore respectfully prayed -

(1) That the present petition may kindly be allowed and respondent may kindly be directed to vacate
tenancy premises i.e -----and handover the peaceful and vacant possession of said tenancy premises
to petition.

(2) That the respondent be ordered and decreed to pay to the petitioner arrears of rent aggregating of
Rs.---- with the interest at 18 % p.a.

(3) That till the hearing and final disposal of this petition, the respondent, his family members, agents
be restrained by an order and injunction of this Hon’ble court form parting with possession of the suit
premises or transferring or disposing of or otherwise dealing with the suit premises in favour of any
third party.

(4) For costs of the suit; and

(5) For such further and other reliefs as this Hon’ble court may deem fit and proper in the
circumstances of the case.

Place- Chandigarh

Date- Applicant

Through Council

Lakhveer Singh

VERIFICATION

I, Rahul Sharma, the petitioner above-named, residing at house no. 25, sector 15-A, Chandigarh, do
hereby solemnly declare and say that what is stated in paragraph 1 to 7 is true to my knowledge and
what is stated in the remaining paragraph 8 to 10 is stated on information and belief and I believe the
same to be true. Verified at Chandigarh on this day of April 2019.

------Petitioner.
 Specimen Form of Appeal to the High Court

IN THE HIGH COURT OF…………………… AT……………………

CIVIL APPELLATE JURISDICTION

REGULAR CIVIL APPEAL NO…………………… OF

IN THE MATTER OF:

A.B.C. Company Ltd. a company incorporated under the provisions of the Companies Act and
having its registered office……………………

…Appellant

Versus

M/s…………………… a partnership concern

(or XYZ company Ltd., a company incorporated under the Companies Act and having its registered
office at……………………)

…Respondents

MOST RESPECTFULLY SHOWETH:-

1. That the appellant herein is a company duly registered under the provisions of the Companies Act
and the registered office of the appellant is at…………………… and the company is engaged in the
business of manufacturing……………………

2. That the respondents who are also doing business of selling goods manufactured by the appellants
and other manufacturers approached the appellant for purchasing from the appellant company the
aforesaid manufactured goods. An agreement was reached between the parties which was reducing
into writing. The appellant supplied goods worth Rs. 15 lacs over a period of……………………
months to the respondents. A statement of account regarding the goods so supplied is annexed hereto
and marked as ANNEXURE A-1.

3. That the respondents have made a total payment of Rs. 6 lacs on different dates. The statement

of the said payments made by the respondents is appended and is marked as ANNEXURE A-2.

4. That the remaining amount has not been paid by the respondent despite repeated demands and

issuance of a legal notice by the appellant through advocate.

5. That the appellant filed a suit for recovery of the aforesaid balance amount of Rs. 9 lacs together

with interest at the rate of 12% per annum and the cost of the suit. The suit was filed
on…………………… in the court of the learned District Judge.

6. That upon being summoned by the said court the respondents appeared through counsel and

filed their written statement to which appellant-plaintiff also filed replication (rejoinder).

7. That the parties led evidence. After hearing the counsel for the parties the learned District Judge
has by his judgement and decree passed on…………………… dismissed the appellant's suit on the
ground that the evidence led by the parties does not establish the claim of the appellant/plaintiff.
Copies of the judgement and decree of the court below are annexed hereto and are marked as
ANNEXURE A-3 AND A-4, respectively. Aggrieved by the aforesaid judgement and decree of the
court below dismissing the suit of the plaintiff this appeal is hereby filed on the following:-

GROUNDS

A. That the judgement and decree under appeal are erroneous both on facts as well as law.

B. That the learned trial court has failed to properly appreciate the evidence, and has fallen into error
in not finding that the preponderance of probability was in favour of the plaintiff/appellant.

C. That there was sufficient evidence led by the plaintiff to prove the issues raised in the suit and the
defendant-respondent has failed to effectively rebut the plaintiff's evidence, more particularly the
documentary evidence.
8. That the valuation of this appeal for the purposes of payment of court-fee is fixed at
Rs…………………… and the requisite court fee in the form of stamps is appended to this
memorandum of appeal.

9. That this appeal is being filed within the prescribed period of limitation, the judgement and decree
under appeal having been passed on………………… In the above facts and circumstances the
appellant prays that this appeal be allowed, the judgement and decree under appeal be set aside and
the decree prayed for by the appellant in his suit before the court below be passed together with up-
to-date interest and costs of both courts.

APPELLANT

VERIFICATION

Verified at…………………… on this, the…………………… day of…………………, 20…. That

the contents of the above appeal are correct to the best of my knowledge and
belief……………………

APPELLANT

THROUGH

(……………………)