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BEFORE THE HON’BLE MUNSIFF’S COURT AT ERNAKULAM

O. S. No. of 2023

Plaintiffs :-

M Vijaya Sankar, S/o N. Muthuswamy,

aged 53, residing at House No. 62/3308 A,
Sree Swathy, Carieer Station Road,
Cochin-682016

Vs.

Defendants :-

Mrs. Sandhya S Pai, D/o Sreedhara Pai,

aged 43, Now residing at House No.62/3308 B ,
1st Floor, Steeswathy, Carieer Station Road,
Cochin-682016

Plaint filed under section 26 read with Order VII Rule I of the
Code of Civil Procedure

The address of the plaintiff is as stated as above. The court notices to the
plaintiff may be served on their counsel K.B Rajesh & Bineesh K.C, M/s
Brahmanandan & Associates, Flower Junction, T.D. Road, Ernakulam, Cochin-
682035.

The address of the defendant is stated above. The summons and court
notices etc. of the defendant may be served on the address shown above or their
counsel engaged if any.

Plaintiff begs to submit as follows:-

1. Plaintiff belongs to Reddy community and is the owner in possession of a

two storied building bearing Door Nos. 62/3308 A & B, having total area of 1200
sq.feet situated in survey No. 585/2 of Ernakulam Village obtained vide sale deed
No.3163/2004 of S.R.O Ernakulam.

2. The defendant is a tenant under the plaintiff occupied on the 1 st floor

portion of the building bearing Door No. 62/3308 B. The defendant had entered a
tenancy agreement with the plaintiff on 1/12/2021. As per the terms of tenancy
agreement the monthly rent is fixed as Rs. 10,000/- per month and the monthly
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rent shall be paid in advance on or before 1 st day of every succeeding English

calendar month. The period of lease is fixed as 11 months from 1/12/2021. While
let out the building to the defendant, defendant was allowed to use the furniture
and fixtures such as Cot, Almirah, Dressing table, Computer table, Dining table,
Steel chair and Mirror etc.

3. Initially defendant was regular in making payment of the monthly rent. The
monthly rents are being paid through account transfer of the plaintiff’s account
maintained with ICICI Bank,M.G Road Branch. In addition to the monthly rent
defendant is agreed to pay water charges and Electricity charges due to the
authorities.

4. There is a specific clause in the agreement that in default of any payment of

monthly rent lessor is entitled to revoke the agreement and in such event lessee
shall surrender the building to the lessor. There is a further clause in the
agreement that before the expiration of the period of tenancy either party shall
give 1 month prior notice for the termination of the tenancy agreement. It is
humbly submitted that before the expiry of the tenancy agreement plaintiff inform
their unwillingness to continue the tenancy agreement with the defendant on the
ground of occupation of his aged mother and daughters. Thereafter the attitude of
the defendant was changed and she started to create nuisance to the plaintiff and
defaulted in paying monthly rent. The defendant had paid monthly rent up to June
2022. Thereafter she had credited an amount of Rs. 10,220/- on 13/8/2022, Rs.
10,000/- on 4/12/22, Rs.10,000/- on 30/01/2023, Rs.10,000/- on 19/06/2023 and
Rs. 8,200/- on 16/7/2023. After that no payment was made by the defendant. The
plaintiff is keeping statement of account in relates to the transaction with the
defendant.

5. With an oblique motive to harass the plaintiff defendant used to throw

waste materials to the down stairs and attempted to damage the common Motor
pump used to fill the overhead water tank. When the plaintiff‘s questioned the
above said illegal activities she abused the plaintiff and his family.

6. Since the defendant continued with her illegal activities plaintiff’s wife
filed a complaint before the station house officer, Central Police station
Ernakulam on 16/10/2022. As part of the enquiry defendant was called before the
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police and she agreed to surrender the tenanted building on the 1 st week of
January 2023. Her statement was recorded by the station house officer in its
petition register. The copy of petition register obtained under right to information
act is produced herewith. The defendant is not paying the water charges used by
her and water authority had issued disconnection notice to the plaintiff. It is
humbly submitted that the water the authority may at any time dismantle the
water connection provided to the plaintiff.

7. Even after the expiration of the tenancy agreement defendant did not
surrender the building and she continued with her illegal activities in more pace.
As retaliation to the complaint filed by the plaintiff’s wife before the
Commissioner of police, defendant had attempted to attack the wife and daughter
of the plaintiff by throwing flower pot against them. Defendant had damaged
flower pots, lock and key of the gate etc. Defendant caused damage to a tune of
Rs. 5000/- to the plaintiff in addition to the mental agony. By the continuous
harassment at the hands of defendant plaintiff is unable to take his aged mother
and daughters to his home and to take care of them.

8. Matter being so to the utter surprise of the plaintiff on 18/6/2023 at about

11.30 P.M. defendant unlawfully trespassed in to the house of the plaintiff with
chopper and broken all the windows glasses and damaged the front door with it
and threatened the plaintiff and her wife with dire consequences. She also used
abusive language against the plaintiff and his family. Hearing the utter noise the
nearby people gathered around were call the police and police party came and
warned the defendant. After seeing the video footage in the CCTV placed in front
of the ground floor, police had registered an FIR under section 447, 294 (b), 506
and 427 against the defendant.

9. By the above mentioned illegal acts, plaintiff had to suffered monetary

loss to a tune of Rs.27800 in addition to the mental agony. Now the plaintiff and
his family are leaving under the threat of defendant. Defendant is a person having
no respect in law and she may take law in her hands and do its extreme. The
plaintiff is producing the photographs showing the mischief committed by the
defendant. It is humbly submitted that in addition to the plaintiff the neighboring
owners are also fed up with the nuisance being created by the defendant.
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10. The police officials are not properly addressing the issue in its right
sense, and they simply ignoring it as Civil Dispute and are not taking any
coercive steps to abate the threat being faced by the plaintiff. By the continuous
harassment being done by the defendant plaintiff and his family are now under
mental trauma. The illegal and high handed activities of the defendant can be
restrained only by the interference of this Hon’ble Court and hence the above suit
filed.

11. It is humbly submitted that by way of arrears of rent plaintiff is entitled

to get Rs. 97,308 with 6 % interest in addition to the damage committed to the
articles of the plaintiff. Plaintiff valued the damage committed by the defendant
with the assistance of an expert in the field and assessed it to be Rs. 27,800 In
addition to the above plaintiff is also entitled to get damage for the mental agony
and suffering under gone at the hands of defendant. Plaintiff is limiting the claim
to Rs. 50,000/- for the metal agony and sufferings under gone at the hands of
defendant. In the above circumstances the suit may be decreed allowing the
plaintiff to realize the below mentioned amounts in addition to prohibitory orders.
The balance of convenience and equity are in favour of the plaintiff.

12. The cause of action for the suit is arose on 1/12/2021 when the plaintiff
entered a tenancy agreement with the defendant and defendant defaulted the
monthly rent and started to create nuisance and on 18/06/2023 defendant illegally
tress pass into the plaintiff house and damage the glass windows and door and
thereafter still continuing at the residence situated at Ernakulam village, within
the jurisdiction of this Hon’ble court.

13. Valuation for the purpose of court fee and jurisdiction is given separately
shown under the heading valuation.

Hence the plaintiff herein most humbly begs in the interest of justice that
this Hon’ble court may be pleased to pass a judgment and decree as follows.

1. Pass a judgment and Decree allowing the plaintiff to realize arrears of rent of
Rs.97,308/- [ 10000 x 9+1800] Ninety seven Thousand Three Hundred and
Eight) with interest and future interest at the rate 12% from the defendant
personally and from her assets.
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2. Pass a judgment and Decree allowing the plaintiff to realize and amount of
Rs. ……………… towards the value of damage committed to the articles
of the plaintiff assessed by the plaintiff or the person to be deputed by this
Hon’ble Court.
3. Pass a judgment and Decree allowing the plaintiff to realize and amount of
Rs.50,000/- towards mental agony and sufferings under gone at the hands
of defendant.

4. Pass a permanent Prohibitory Injunction restraining the defendant their men

and agent not to tress pass into the ground floor portion of the building
occupied by the plaintiff and to interfere the peaceful enjoyment of the ground
floor by the plaintiff and his family and to commit any damage or waste to any
the articles belongs to the plaintiff..

5. Pass a mandatory injunction directing the defendant to keep the fixtures and
furniture provided to the use of defendants to be returned in its original
condition and in default to provide the value to be assessed by the expert
appointed by the Hon’ble court.

6. pass such other order which may be prayed for and which this Hon’ble
Court may deem fit in the interest of justice
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