CONTINUOUS ASSESSMENT TASK- 1

LAW 440-

MOCK TRIAL CIVIL LITIGATION

SUBMITTED TO : SUBMITTED BY:

Miss.Vanshika Premani Jyoti Mehmi

Assistant Professor Of Law B.Com., LL.B. (Hons.)

School Of Law L1703 A05

Lovely Professional University 11716098

pg. 1
 .INDEX

__________________________________________________

IN THE COURT OF MS.G, CIVIL JUDGE, RENT CONTROLLER,

DISTRICT COURT, DELHI

in the matter of

Mr A ........Petitoner

Versus

Mr. B ........Respondent

S.No Exhibit Particulars Page No.

1. Synopsis about the relevant provisons 3

2. Petition 4-6

3. Verification 7

4. Affidavit 9

pg. 2
 IN THE COURT OF MS. G, CIVIL JUDGE, RENT CONTROLLER,

DISTRICT COURT, DELHI

Mr. A S/o Late Joga Singh, Resident of , Patel Chowk, Delhi.

.....Petitioner

Versus

Mr. B S/o Mr. Shyam, Resident of House No. 31 , Guru Hargobind Nagar

Market, Delhi.

....Respondent

Petition under section 14 of the Delhi Rent Control Act , 1958 for

eviction of the Respondent from the property situated in the Patel

Chowk, Delhi.

Sir,

The Petitioner most humbly submits as under -:

pg. 3
1. That the Petitioner is owner/ land lord of the premises in dispute ,

which is fully detailed and described in the head note of the petition

situated at Patel Chowk, Delhi.

2. That the petitioner is at present is living in the house and he let the

first floor of his building to respondent Mr. B dated 28 th December,

2019 for the residential purpose and there exists a relationship of

landlord tenant between the parties.

3. That the respondent is in possession of the first floor as tenant for @

Rs. 10,000/- per month as rent which is to be increased after every 6

months at the rate of 2%. That there is a practice of passing receipts.

The respondent never paid the rent without the receipt. The respondent

agreed not to sub-lease the property and the respondent is month to

month tenant.

4. That it was mentioned in the eviction clause that property should not

be used for any other purpose and also the petitioner can get that

property back for bonafide reason and when the rent is not paid. The

respondent has taken the property and is in arrears of rent for four

months.

pg. 4
5. That the respondent is liable to be evicted from the premises in dispute

on the following grounds :-

a. That the respondent is in arrears of rent of the suit premises

from the last four months up to now at the rate of Rs. 10,000/-

per month to be increased after every 6 months at the rate of

2%.

b. That the wife of respondent Mrs. B has been using the whole

premises for commercial use for conducting her bakery classes.

6. That the petitioner made many requests to the respondent to make

payment of arrears of rent and to vacate the possession of the

premises in dispute as there is marriage of Mr. A younger brother and

family along side with the relatives will be coming to the Delhi within

two months for the functions as the bride’s family resides in Delhi.

But the respondent has not paid any attention to the genuine requests

of the petitioner and flatly refused to accept the genuine requests of

the petitioner.

7. That cause of action arose to the petitioner against the respondent

when the respondent failed to make payment of rent of the premises

in dispute and further arose on the day when the respondent refused to
pg. 5
 accept the genuine requests of the petitioner and thereafter when the

respondent refused to vacate and handover the vacant possession of

the premises in dispute to the petitioner and handover the plaint

schedule property to the petitioner.

8. That the accrual of cause of action , situation of the demised

premises, all being within the territorial limits of this Hon’ble Court

, hence this Hon’ble Court has got jurisdiction to entertain , try and

decide the present application.

9. That there is no previous litigation pending or decided between the

parties with regard to present cause of action after the commencement

of this Act.

10.That the value of the application for the purposes of Court Fee and

jurisdiction is indeterminate , hence the court fee amounting to Rs.50

/- is affixed on the Petition.

11.It is, therefore, humbly prayed that an order for the eviction of

respondent from the first floor of the property located at Patel Chowk,

Delhi, under the section 14 of Delhi Rent Control Act, 1958, along

with costs, may kindly be passed , in favour of the petitioner and

against the respondent, in the interest of justice.

pg. 6
 Your petitioner , as in duty bound , shall ever pray to your Honour

for this act of kindness , grace and justice.

Submitted By,

Dated -

...Petitioner

Through his Advocate

Mr.A

Through Counsel

Verification :-

Verified that the contents of Paras No.1 to 6 of the

Petition are true and correct to my personal knowledge and the

contents of Paras No.7 to 10 of the Petition are legal, which are

believed to be true and correct as per legal advice received from

the counsel; whereas the contents of last para No.11including Sub-

pg. 7
 Para of the petition are of prayer clause , which are also admitted

to be true and correct.

Verified at Delhi on______________

...Petitioner

Through his Advocate

Mr. B

IN THE COURT OF MS. G, CIVIL JUDGE, RENT CONTROLLER,

DISTRICT COURT, DELHI

Mr. A S/o Late Joga Singh, Resident of , Patel Chowk, Delhi.

.....Petitioner

pg. 8
 Versus

Mr. B S/o Mr. Shyam, Resident of House No. 31 , Guru Hargobind Nagar

Market, Delhi.

....Respondent

Petition under section 14 of the Delhi Rent Control Act , 1958 for

eviction of the Respondent from the property situated in the Patel

Chowk, Delhi.

AFFIDAVIT

I, Mr. A S/o Late. Joga Singh resident of Patel Chowk, Delhi, do

hereby solemnly affirm and declare on oath as under :-

1. That I have filed the accompanying Petition before this Hon’ble Court

and the contents of the same may kindly be read as part and parcel

hereof. I am fully conversant with the facts and circumstances of the

pg. 9
 present case. I am fully authorized and empowered to file , plead and

persue this case before the Hon’ble Court .

That the contents of Paras No. 1 to 6 of the accompanying Petition

are true and correct to my personal knowledge and Paras No.7 to

10 of the accompanying application are legal , which are believed

to be true and correct as per legal advice received from the counsel

;whereas the contents of last para No.11 including Sub- Para of the

petition are of prayer clause , which are also admitted to be true

and correct.

Deponent

Verification :-

I , the above named deponent do further verify on oath that the

contents of my above said affidavit are true and correct to my personal

knowledge and nothing has been kept concealed or misstated or

overstated therein.

Verified at Delhi on_____________

pg. 10
Deponent

pg. 11