IN THE COURT OF SH.

MOHAMMAD EHTESHAM, ADJ,

SHAHDARA DISTRICT, KKD COURTS, DELHI
CS NO.568/2019

IN THE MATTER OF: -

PRADEEP SHARMA ….. PLAINTIFF

VERSUS

SABIR ALI …… DEFENDANT

INDEX

S.NO. PARTICULARS PAGE No.

1. APPLICATION UNDER ORDER

VI RULE 17 R/W SECTION 151
OF CPC. ALONGWITH AFFIDAVIT.

2. AMENDED SUIT FOR POSSESSION,

RECOVERY, DAMAGES, MESNE
PROFIT AND PERMANENT INJUNCTION

Dated: PLAINTIFF
Delhi. Through

MANOJ SHUKLA & ASSOCIATES

(ADVOCATES)
Ch.no. 593, GF, (W. Wing)
Tis Hazari Courts, Delhi-54
bnwlawfirm@gmail.com
MOB. 8810661366.
 IN THE COURT OF SH. MOHAMMAD EHTESHAM, ADJ,
SHAHDARA DISTRICT, KKD COURTS, DELHI
CS NO.568/2019

IN THE MATTER OF: -

PRADEEP SHARMA ….. PLAINTIFF

VERSUS

SABIR ALI …… DEFENDANT

APPLICATION UNDER ORDER 6 RULE 17, R/W SECTION 151

OF CPC FOR AMENDMENT IN PLAINT ON BEHALF OF THE
PLAINTIFF.

MOST RESPECTFULLY SHOWETH:

1. That the above mention suit is pending before this Hon’ble

Court and fixed for 18.01.2024.

2. That the plaintiff has field the above mentioned suit for
possession, recovery, damages, mesne profit and permanent
injunction.

3. That due to the some inadvertent mistakes, typographical

errors, and omissions in the pleadings that need correction in
the suit to eliminate inconsistencies or ambiguities in the
pleadings and enhance the clarity of the case, Now the
plaintiff wants to amend the under mentioned paras :-

4. In Para no. 2 of the plaint that plaintiff executed an general

power of attorney in the favor of Smt. Shakuntla w/o Sh.
Pradeep R/O 309, Village Karkardooma, Delhi-110092 on
23.01.2012 Vide Registration No. 618 in Book No. 4 Vol. No.
4,030 and will deed was also executed by plaintiff in the favor
 of SMT SHAKUNTLA but other than this no other documents
were executed in the favor of SMT. SHAKUNTLA. That in the
year of 2004-2005 father of the plaintiff rent out the shop in
question to the defendant but due to his arrogant behavior
and for not payment of rent arrears father of the plaintiff also
dispossessed him from the tented premises. Again in the year
of July, 2011 defendant again approaches the plaintiff to take
that shop on rent. That rent will be Rs. 18,000/-(Rupees
eighteen thousand only) excluding other charges i.e water,
electricity etc. That plaintiff is less educated and he cannot
read and write English language. That at the time of taking
the shop on rent defendant took advantage of his literacy and
made all the necessary and unnecessary documents. That at
the time of executing the rent agreement defendant took
signature of plaintiff on many papers in the name of rent
agreement and verification and other documents. Defendant
also executed the rent agreement but he never handed over
that rent agreement to plaintiff. Defendant also fraudulently
transferred the electricity meter on his name, plaintiff got to
know about this after 6-7 months of installation of the meter.

5. In para no.3 of plaint, that defendant used to fill the rent

receipts because plaintiff was uneducated. Plaintiff signed the
rent receipt but he did not filled the receipts. That defendant
fraudulently filled the security amount in the rent receipted
dated 05.07.2011. That the rent agreement was executed but
no such term and condition was mentioned in the agreement
about the security amount because it was not decided by the
plaintiff neither the security amount was ever handed over to
plaintiff.

6. In para no. 5 of plaint, defendant took advantage of plaintiff

deteriorating health condition and filed false suit of
permanent injunction. Defendant also manipulated the
 plaintiff and settled the matter and he also misguided the
court and intentionally and deliberately did not mentioned
the floor in plaint but he attached the site plan of property
and mentioned ground floor and first floor in the favor of
defendant. That defendant took advantage of plaintiff’s
innocence and he did not even let him hired or engage any
advocate for his suit who can guide him. That on 20.12.2011
summons were issued and next date was 09.01.2012. That
on 09.01.2012 this matter was settled against the plaintiff’s
statement who was not aware about this technical step taken
by the defendant in the suit.

7. In para no. 6 of plaint, that after the settlement was reached

the defendant promise to reside as tenant and to pay the rent
regularly while the plaintiff agree not to disposes him except
by the due process of law.

8. Added para. That in the month of November 2014 the

plaintiff and the defendant has an oral agreement in which it
was mutually decided that the defendant will vacate the first
floor portion as it was a residential property and the reason
stated by the defendant was that due to financial crunch it is
difficult to hold both the floor therefore he will remain the
tenant of the commercial shop in the ground floor which is of
90 sq. feet to continue his livelihood and vacate the first floor
which measure 200 sq. feet. Hence the reduced rent was
decided as 18,000 from the month of December 2014.

9. In para no. 7 of plaint, after the rent was altered, the

defendant failed to make a single payment till 29.06.2017
and then the defendant had paid a sum of Rs. 16,000/- by
way of cheque on 29.06.2017 and the defendant again paid a
sum of Rs. 16,000/- on 18.07.2017 which was lesser than
mutually agreed amount of 18,000/- but as the plaintiff is an
 illiterate individual he came to know about this much later
and couldn’t do much.

10. Added para. That plaintiff requested the defendant many

time to clear his rent but all efforts went in vain. Defendant
made excuses and he failed to make the payments towards
the rent, plaintiff terminated his tenancy.

11. Added para. That after the above said incidents the plaintiff
had already terminated the tenancy of the defendant and
asked him to vacate the suit property and also to hand over
the peaceful vacant possession of the suit property to the
plaintiff.

12. Added para. That in-spite of repeated request by the plaintiff

to the defendant to vacate the suit property, the rented
premises of the suit property, the rented premises of the suit
property for his personal gain without paying any rent to the
plaintiff since 13.08.2017.

13. In para no. 8 of plaint, despite the repeated request by

plaintiff to vacate the suit property, defendant linger on the
matter on one pretext to another.

14. In para no. 9 of plaint, the rent is pending from September

2011 when defendant paid rent through cheque and same got
dishonored and after that he paid rent through cheque for
two months in the year on 2017 other than that rent is
pending and defendant is using the suit property.

15. In para no. 10 of plaint, that the rent was initially decided
Rs.18, 000/- from July 2011 to December 2013 and from
 January 2014 it was decided @ 21,000 per month for ground
floor portion and first floor portion That total rent received is
Rs. 18,000/- in cash on 05.07.2011, Rs. 18,000/- in cash on
01.08.2011 and Rs. 18,000/- by cheque on 01.09.2011 but
same got dishonored. After that the defendant paid the rent
from January 2014 till November 2014, thereafter the rent
was reduced to 16,000 which was paid by cheque on
29.06.2017, Rs. 16,000/- on 18.07.2017 by cheque for .So
total amount received is Rs. 2,99,000/- and from July 2011
to June 2019 when this case was filed total rent arrears are
Rs. 14, 40,000/-(Rupees Fourteen Lacs Forty Thousand Only)

16. In para no. 11 of plaint the electricity connection on the name

of Sabir Ali was sanctioned in year 2011 and the load
sanctioned was of 7 K.V which was a commercial meter and
all the charges has to be paid by defendant only but the
defendant is not making any payment of the electricity
charges to the concerned department of BSES, hence the
electricity was disconnected. Also first floor of the building
has a domestic meter connection and the same was in the
custody of the plaintiff and all the electricity dues were paid
on time therefore no such action was taken for first floor
while the bills of ground floor were to be paid by the
defendant and the has failed to pay the bill from July 2018 to
September 2018 and the bill amounted 21,347.

17. In para no. 12 of plaint, the rent is pending from September

2011 when defendant paid rent through cheque and same got
dishonored and after that the defendant paid the rent from
January 2014 till November 2014 @ 21,000 p.m again he
paid rent through cheque for two months in the year on 2017
other than that rent is pending and defendant is using the
suit property. Hence, the tenancy of defendant was
terminated, but defendant is using the suit property without
 even paying the rent. Defendant is in the physical possession
of the suit property.
18. In para no. 14 of plaint, the rent is pending from September
2011 when defendant paid rent through cheque and same got
dishonored and after that the defendant paid the rent from
January 2014 @ 21,000 pm till November 2014 again he paid
rent through cheque for two months in the year on 2017
other than that rent is pending and defendant is using the
suit property.

19. In para no. 16 of plaint, that defendant is liable to pay Rs. 14,
40,000/-(Rupees Fourteen Lacs Forty Thousand Only). That
from July 2011 to June 2019 when this case was filed total
rent arrears are Rs. 14, 40,000/-(Rupees Fourteen Lacs Forty
Thousand Only).

20. In para no. 19 of plaint, that firstly arose in the month of

September 2011 when defendant gave rent through cheque
and the said cheque got dishonored and after that the
defendant paid the rent from January 2014 till November
2014 after that only two payment of 16,000 were received on
the year 2017 thereafter defendant did not paid the rent
amount to plaintiff.

21. In para no. 20 of plaint, the defendant has no right, title or

interest over the suit property and he is merely unauthorized
occupant in the suit property, therefore he is liable to be
ejected therefrom.

22. In prayer (b) of plaint, pass a decree of recovery of rent of Rs.

14, 40,000/-(Rupees Fourteen Lacs Forty Thousand Only).
23. In prayer (c) of plaint, decree of damages @Rs. 2000/- per day
since September 2011 or November 2017 till vacation of the
suit property.
24. That the Plaintiff wants to add/amend in these para’s of the
suit as the above mentioned.

Prayer:

It is, therefore, prayed that the Hon’ble court may kindly be

pleased to allow this application for amendment of these para’s in
the above mentioned suit in the interest of the justice.

It is, therefore, most respectfully prayed that this Hon’ble court

may be pleased to:-

a. Pass a decree of recovery of possession in favor of the

plaintiff and against the defendant in respect of suit
property i.e one hall at ground floor forming part of
property bearing no. 309, village Karkardooma, Delhi-
110092, which is specifically shown in red color in the
annexed site plan.
b. Pas a decree of recovery of rent @Rs. 14, 40,000/-
(Rupees Fourteen Lacs Forty Thousand Only).

c. Pass decree of damages @Rs. 2000/- per day since

may, 2019 till vacation of the suit property.

d. Pass a decree of permanent injection in favor of the

plaintiff and against the defendant thereby restraining
the defendant, his legal heirs, agent etc. not to create
any third party interest over the suit property i.e one
hall at ground floor forming part of property bearing
no. 309, village Karkardooma, delhi-110092, which is
specifically shown in red color in the annexed site plan,
which is mentioned in site plan attached.
e. Pass any other or further order as this Hon’ble court
may deem fit and proper in the fact and circumstances
of the case.

Plaintiff

Through

Counsel
Date
Delhi

MANOJ SHUKLA & ASSOCIATES

(ADVOCATES)
Ch.no. 593, GF, (W. Wing)
Tis Hazari Courts, Delhi-54
bnwlawfirm@gmail.com
MOB. 8810661366.
 IN THE COURT OF SH. MOHAMMAD EHTESHAM, ADJ,
SHAHDARA DISTRICT, KKD COURTS, DELHI
CS NO.568/2019

IN THE MATTER OF: -

PRADEEP SHARMA ….. PLAINTIFF

VERSUS

SABIR ALI …… DEFENDANT

AFFIDAVIT

Affidavit of Pradeep Sharma aged about 43 S/o Late Shri Attar Singh
Sharma R/o House No.309, Second Floor Village Karkardooma Delhi-
110092. I, the above named deponent does hereby solemnly affirm and
declare as under: -
1. That I am the Plaintiff/Applicant in the above noted case and well
conversant with the facts and circumstances of the case, hence
competent to swear this affidavit.
2. That the contents of the accompanying application under order VI
rule 6 of CPC read with section 151 of C.P.C. amendment of these
para’s of the suit has been drafted by my counsel under my
instructions and the same are true and correct to my knowledge and
the same are not being repeated herein for the sake of brevity which
may be read as part and parcel of this affidavit.

DEPONENT
VERIFICATION:

Verified at Delhi on this day of October, 2023 that the

contents of my above affidavit are true and correct to my knowledge.

DEPONENT

IN THE COURT OF SH. MOHAMMAD EHTESHAM, ADJ,

SHAHDARA DISTRICT, KKD COURTS, DELHI
CS NO.568/2019

IN THE MATTER OF: -

PRADEEP SHARMA ….. PLAINTIFF

VERSUS

SABIR ALI …… DEFENDANT

STATEMENT OF TRUTH
Affidavit of Pradeep Sharma aged about 43 S/o Late Shri Attar Singh
Sharma R/o House No.309, Second Floor Village Karkardooma Delhi-
110092. I, the above named deponent does hereby solemnly affirm and
declare as under: -

1. That I am the Plaintiff in the above noted case and well conversant
with the facts and circumstances of the case, hence competent to
swear this affidavit.

2. That the contents of the replication, have been drafted by my

counsel under my instructions and the same are true and correct
to my knowledge and the same are not being repeated herein for
the sake of brevity which may be read as part and parcel of this
affidavit.

3. That I the content of all para of amendment are true and correct to
my knowledge and the record of plaintiff.

4. That I state that there is no false averment or statement of any

material, document or record, and I have included information that
is according to me, relevant for the present case.

5. That I state that I am aware that for any false statement or

concealment, I shall be liable for action taken against me under the
law.

DEPONENT
VERIFICATION:

Verified at Delhi on this day of January, 2024 that the

contents of my above affidavit are true and correct to my knowledge.

DEPONENT
 IN THE COURT OF SH. MOHAMMAD EHTESHAM, ADJ,
SHAHDARA DISTRICT, KKD COURTS, DELHI
CS NO.568/2019

IN THE MATTER OF: -

PRADEEP SHARMA ….. PLAINTIFF

VERSUS

SABIR ALI …… DEFENDANT

P.S.: - PATEL NAGAR

DIST. WEST

AMENDED SUIT FOR SPECIFIC PERFORMANCE OF

AGREEMENT DATED 03.11.2022, DECLARATION, POSSESSION
ALONG WITH PERMANENT AND MANDATORY INJUNCTION AS
WELL AS CONSEQUENTIAL RELIEF IN RESPECT OF SUIT
PROPERTY BEARING HOUSE NO. T-244, THIRD FLOOR (OLD
NO.183/1)NEAR KAMAL SWEETS, BALJEET NAGAR, PATEL
NAGAR, NEW DELHI-110008.

MOST RESPECTFULY SHOWETH:-

1. That That Plaintiff resides on the first floor in property

bearing no. HOUSE NO. T-244 (OLD NUMBER 183/1), NEAR
KAMAL SWEETS, BALJEET NAGAR,PATEL NAGAR, NEW
 DELHI-110088 and Defendant reside on 3rd floor in the same
building.

2. That Plaintiff was in search of rent free flat on refundable

security amount basis.

3. That defendant, represented himself to be the absolute

Lawful owner and in possession of Built up Flat No. T-244
(old number 183/1), IIIrd floor, Near Kamal Sweets,
Baljeet Nagar, PS Patel Nagar, New Delhi-110088
(Hereinafter referred as Suit Property) and offered Plaintiff to
let out this floor on interest free, refundable security amount
of Rs. 5,00,000/- (Five Lakh only) and agreed to let out the
same on rent free basis for the period of 22 Months w.e.f.
15.12.2022. Needless to say the suit property was consisting
of Two Room sets along with Kitchen and Latrine Bathroom.
It is further important to mention here that electricity
charges and water consumption charges were excluded and
were agreed to be payable by Plaintiff against the actual
consumption.

4. That on the settled terms and agreement defendant and

Plaintiff entered into the agreement dated 03.11.2022 and
detailed terms were reduced into writing.

5. That in terms of agreement Plaintiff transferred a total sum of

rupees 4,40,000/- by online transfer and Rs. 60,000/- were
paid in Cash. Needless to say above noted payment was made
on various dates within November 2022.

6. That even after the performance of agreement dated

03.11.2022 on the behalf of Plaintiff Defendant failed to hand
over the possession of said floor as on 15.12.2022.
7. That Defendant keep lingering on Plaintiff on one pretext or
to other whereas it was specifically agreed that defendant will
hand over the possession of the said Flat no. T-244 (old
number 183/1), IIIrd floor, Near Kamal Sweets, Baljeet
Nagar, PS Patel Nagar, New Delhi-110088.

8. That thereafter, defendant demanded more money on some

false pretext but in order to get the possession of the said
flat, Plaintiff in bona fide intention agreed to pay the
additional amount of Rs. 8,500/- which was transferred
through online mode on 21.01.2023.

9. That even after the payment of additional amount of Rs.

8,500/-, defendant failed to handover the possession of the
said flat to Plaintiff.

10. That it has been almost nine months but defendant have not
handed over the possession of said floor, and consequently
Plaintiff is burdened to pay rent of his tenanted premises
because defendant has not handed over possession of above
said floor.

11. That it is clear that, defendant never intended to give

possession of the said floor, and with the malafide intention
you have falsely induced Plaintiff to pay the security amount
hence, defendant caused wrongful loss to Plaintiff and
wrongful gain to himself.

12. That plaintiff reserves the right to take appropriate action for
criminal action under section 420 and 406 of Indian Penal
Code among various other penal provisions which are
punishable by imprisonment upto 7 years.

13. That on 07.07.2023 defendant has flatly refused to hand over

the possession of the suit property and have refused to Honor
 the agreement dated 03.11.2022 and Hence, failed to perform
the duty on his part. Having No other option plaintiff orally
terminates the agreement and demanded his money back
along with the interest but he has refused to refund the
same.

14. That 14.08.2023 Plaintiff through his counsel got sent the
legal notice to defendant calling upon him to pay the entire
amount along with the interest, same was delivered to him on
16.08.2023 but he paid no heed to the same.

15. That defendant has caused wrongful loss to my client and

wrongful gain to himself, he has not performed his part
performance by handing over the suit property to the plaintiff
for the period of the 22 Months as agreed by the parties in
agreement dated 03.11.2022.

16. That plaintiff is still ready and willing take the suit property
on rent free basis upon the refundable security amount for
the period of the 22 months from the date of its actual
possession to the plaintiff. Or if defendant fails to Honor the
same he be directed to refund the entire amount paid to him
along with the interest of @18% PA from the date of payment
made to him till its realization.

17. That the above said conduct of the defendant has caused the
physical, mental and financial agony to the plaintiff and his
family. And it the plaintiff tries to talk to him or demand his
money back, defendant threatens the plaintiff to face dire
consequences.

18. That since the defendant failed to honor his obligation of the
said security agreement, and breached the terms and
conditions of the said agreement and the Plaintiff does efforts
on his parts to recover the amount from the defendant But
 the defendant showed had no intension either in handed over
the property or returning the amount of the plaintiff.

19. That plaintiff saw some of the builder/proposed buyer in the

said building, and plaintiff got to know, defendant want to
sell off/Dispose of suit property. And defendant wants to flee
away/Run away from the said address. If he runs away by
disposing off the property entire suit of the plaintiff shall be
infructuous.

20. That plaintiff has made a police complaint to this effect dated
19.09.2023 to the PS Patel Nagar.

21. That the cause of action for filing the present suit arose in
favour of the plaintiff and against the defendant firstly when
defendant and the plaintiff entered into security agreement
dated 03.11.2022, then on when the plaintiff transferred the
additional amount to the plaintiff on various dates as
mentioned above, when the plaintiff sent legal notice to the
defendant through post/whattsApp which was delivered on
14.08.2023. and lastly arose on 16.08.2023 when defendant
did not comply with the legal notice and the cause of action is
still continuing subsisting one, hence the present suit.

22. That the plaintiff is residing and also the suit property is
located in Baljeet Nagar PS Patel Nagar i.e. within the
territorial jurisdiction of this Hon’ble Court and hence this
Hon’ble Court has every right to try and decide the present
suit.

23. That the valuation of suit for the purpose of jurisdiction and
court fees is Rs.5,08,760/- out of which Rs.5,08,500 is the
valuation for the relief of specific
performance/possession/recovery and Rs.260 is the
valuation of the relief of permanent and mandatory
injunction. The ad valorem court fee of Rs. 2,960/- on the
said amount has been affixed. The plaintiff further
undertakes to pay the deficient court fee if any. 23. That the
valuation of suit for the purpose of jurisdiction and court fees
is Rs.5,08,760/- out of which Rs.5,08,500 is the valuation for
the relief of specific performance/possession/recovery and
Rs.260 is the valuation of the relief of permanent and
mandatory injunction. The ad valorem court fee of Rs.
7,356/- on the said amount has been affixed. The plaintiff
further undertakes to pay the deficient court fee if any.

PRAYER:-

It is, therefore, prayed that this Hon’ble Court may kindly

be pleased to pass the following order(s):-

a) To pass a decree of specific performance in favour of the

plaintiff and against the defendant, directing the
defendant to hand over possession of the suit property
(i.e. HOUSE NO. T-244, THIRD FLOOR (OLD NO.183/1)
NEAR KAMAL SWEETS, BALJEET NAGAR, PATEL NAGAR,
NEW DELHI-110008. to the plaintiff as agreed according
to the agreement 03.11.2022.

OR/AND

b) Pass a decree for recovery of Rs.5,08,500/- Five lakh

eighty-five hundred rupees only) along with pendent-lite
and future interest 18% per annum thereby directing
defendant to pay Rs.5,08,500/- (Rupees Five lakh
eighty-five hundred rupees only) to the plaintiff
 alongwith the interest @18%PA from the date of
institution till its realization, in the interest of justice.

c) Pass the decree of permanent injunction thereby

directing the defendant, their agent, attorney, Legal heir
not to create any third party interest in the suit property
HOUSE NO. T-244, THIRD FLOOR (OLD NO.183/1)
NEAR KAMAL SWEETS, BALJEET NAGAR, PATEL
NAGAR, NEW DELHI-110008. (which includes Two
room set in third floor).

d) Pass the decree of mandatory injunction thereby

directing the defendant, their agent, attorney, Legal heir
not to create any hurdle or create any nuisance in the
peaceful possession of the plaintiff in the suit property
HOUSE NO. T-244, THIRD FLOOR (OLD NO.183/1)
NEAR KAMAL SWEETS, BALJEET NAGAR, PATEL
NAGAR, NEW DELHI-110008. (which includes Two
room set in third floor). If prayer ‘a’ is allowed.

e) Cost of suit be also be awarded in favour of the plaintiff.

f) Pass such other order (s) and direction(s) in favour of

the Plaintiff and against the defendant as this Hon’ble
Court may deem fit and proper in the facts and
circumstances of the present case, in the interest of
justice.

Dated: PLAINTIFF
Delhi. Through

MANOJ SHUKLA & ASSOCIATES

(ADVOCATES)
Ch.no. 593, GF, (W. Wing)
 Tis Hazari Courts, Delhi-54
bnwlawfirm@gmail.com
MOB. 8810661366.

VERIFICATION:

Verified on September, 2023, that contents of above suit

from para no. 1 to are true and correct to the best of my
knowledge and belief and para no. to are legal paras believed to
be true on the information received. Last para is a humble prayer
to this Hon’ble Court.

Plaintiff
 IN THE COURT OF SH. MOHAMMAD EHTESHAM, ADJ,
SHAHDARA DISTRICT, KKD COURTS, DELHI
CS NO.568/2019

IN THE MATTER OF: -

PRADEEP SHARMA ….. PLAINTIFF

VERSUS

SABIR ALI …… DEFENDANT

AFFIDAVIT

Affidavit of Harish Pawar aged about 43 S/o Anand Singh R/o House
No. T-244, Near Kamal Sweets, Baljeet Nagar, Patel Nagar, New Delhi-
110008 . I, the above named deponent do hereby solemnly affirm and
declare as under:-
1. That I am the Plaintiff in the above noted case and well conversant with
the facts and circumstances of the case, hence competent to swear this
affidavit.
2. That the contents of the accompanying amended suit for suit for specific
performance of agreement dated 03.11.2022, declaration, possession
along with permanent and mandatory injunction as well as
consequential relief, have been drafted by my counsel under my
instructions and the same are true and correct to my knowledge and the
same are not being repeated herein for the sake of brevity which may be
read as part and parcel of this affidavit.

DEPONENT
VERIFICATION:
Verified at Delhi on this day of October, 2023 that the
contents of my above affidavit are true and correct to my knowledge.

DEPONENT