IN THE COURT OF THE HON'BLE X JUNIOR CIVIL JUDGE,

CITY CIVIL COURT AT HYDERABAD

I.A No. of 2024
IN
O.S.No. 4168 OF 2022
BETWEEN:
Mr.Adiraju Siva Kumar …. Plaintiff
AND

Dr.K.Pooja Choudhary …..Defendant

AFFIDAVIT

I, Mr.Adiraju Siva Kumar S/o A.Rama Rao Aged:61 years, Occ: Retired from
BankingService as AGM, R/o plot no. 36, H.No.11 11333, 2 nd floor(201),beside Jaya
Bharati Dental clinic,road no 4, Sowdhagyapuram colony, Kothapet, hyderabad-35,
do hereby solemnly and sincerely affirm and sincerely state on oath as follows:

1. I submit that I am the deponent herein and plaintiff in the main suit and as such
I am well acquainted with the facts of the case.

2. I submit that that I am the absolute owner and landlord of all that Flat No.302,
Ajay Avenue,Opp Bharat Super Market,Domalguda, Hyderabad. The Plaintiff further
states that the Defendant obtained the said premises on lease for a period of 11 months
w.e.f. 01-03-2018 for residential purposes running on a monthly rent of Rs. 24,000/-
(Rupees Twenty Four thousand only) including for furniture fixtures and maintenance
charges and the same is payable on or before 5 th of each calendar month and to obtain
a receipt for the same. The terms and conditions of lease were reduced into writing
vide rental Deed dated 13-03-2018.

3. I submit that I had issued a notice to the defendant on 31-08-2021 and on 30-
10-2021 asking the defendant to vacate the schedule premises as the defendant has
been causing me hardships in getting the rental income. But to no avail as the
defendant continued to stay in the premises. It is further submitted that the
Defendant’s occupation in the suit schedule property is illegal, thus, the Defendant is
liable for the damages.

4.I submit that the Defendant is due in all a sum of Rs.92000/-(Rupees Ninety Two
Thousand only) being the rent for the month of June 2022_(partial rent dues) to
September 2022 @ Rs.28000/-p.m. and around Rs.35000/-(Rupees Thirty Five
Thousand only) towards the accumulated (maintenance at Rs.1500/- pm)maintenance
dues and a sum of to the ACs and to false roofing which amounts to Rs.15000/-
(Approx) The Plaintiff further submits that I am retired from Banking service and has
made several requests to the defendant for vacation of the flat from time to time, as
the plaintiff required the premises for my self occupation and personal use. Further, I
have been subjected and compelled to continue in a rented accommodation paying
huge rent of Rs.42,000/- despite retiring from the Bank, owing to defendant’s not
vacating the flat despite several assurances and non-payment and irregular payment of
rent.

5. I submit that this Hon’’ble Court was pleased to partly allow my IA 229/2023 on
03-01-2024 directing the Defendant to pay monthly rent of Rs.25,200/- per month
from the date of order into the suit account on or before 05th of every succeeding
month as per English calendar till the disposal of the suit. But the Defendant has not
complied with the order as such this Hon’ble Court may strike of the defence of the
respondent/Defendant.

Therefore, it is prayed that this hon’ble Court be pleased to direct strike of defence of
the Respondent/Defendant in the above suit in view of the willful default of the order
dated 03.01.2024 in the interest of justice.
Sworn and Sign at Hyderabad
On this 19th day of February 2024 Deponent
Identified By

Advocate/Hyderabad
 IN THE COURT OF THE HON'BLE X JUNIOR CIVIL JUDGE,
CITY CIVIL COURT AT HYDERABAD
I.A NO. of 2024
in
O.S.No. 4168 OF 2022
Between:

Mr.Adiraju Siva Kumar S/o A.Rama Rao Aged:61 years,

Occ: Retired from BankingService as AGM,
R/o plot no. 36, H.No.11-11-333, 2nd floor(201),
beside Jaya Bharati Dental clinic,road no 4,
Sowdhagyapuram colony, Kothapet, hyderabad-35
..Plaintiff/s
AND

Dr.K.Pooja Choudhary,D/o K. Shankar Rao,

Age: about 46 years,Occ: Private Employee
R/o Flat No.302, Ajay Avenue,
Opp Bharat Super Market,
Domalguda, Hyderabad ..Defendant/s

PETITION FILED UNDER ORDER XIV- (A) R/w SECTION 151 C.P.C

For the reasons stated in the accompanying affidavit the Petitioner / Plaintiff
above named prays that this honorable court may be pleased to “STRIKE OF THE
DEFENCE” OF THE Respondent / defendant and pass such other or further orders as
this honorable court may deem fit and proper in the circumstances of the above case

Hyderabad

Date: 19/02/2024 Counsel For Petitioner/Plaintiff

IN THE COURT OF THE HON'BLE X
JUNIOR CIVIL JUDGE,
CITY CIVIL COURT AT HYDERABAD
I.A No. of 2024
in
O.S.No. 4168 OF 2022

BETWEEN:

Mr.Adiraju Siva Kumar

…. Plaintiff
AND

Dr.K.Pooja Choudhary
…..Defendant

PETITION FILED UNDER ORDER

XIV- (A) R/w SECTION 151 C.P.C

Filed on: 19 -02-2024

Filed by : Counsel of the

Petitioner/ Plaintiff

Barkha Bhalla
Advocate
Hyderabad