Any case related to rent act
Gargi Ranade
(Querist) 28 November 2009
This query is : Resolved
Respected all,
Kindly provide me any case along with all facts and details relating to rent act, I need to present same in classroom.
Regards,
Gargi
prakash vathore
(Expert) 28 November 2009
hi, gargi
i m sending one copy of suit which based on the rent act as the suit is file by the land lord against the trespasser but that suit is filed in the city civil court. just check it out whether it is helpful to u or not.IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
S.C.SUIT NO 5198 OF 2001
1) Dr.Aspi Framroze Golwalla ) Deleted
2) Mr. Minocher Ardoshir Nentin )
3)Mr. Dadabhai Vikaji Mohejibhoy Patel, )
4)Mr.Burjor Edulji Banaji, )
5)Mr. Mohsin Hussaini contractor )
6) Mr. Dhanjishah DinshawKarkaria )
All of Bombay Inhabitant being Trustees of M.N. )
Banajee & C.M.) Banajee Charity Trust , a Trust )
registered under Bombay public Trust Act, having its )
office at sonaljee Building,51, Forgett street, )
Bombay-400036. ) Plaintiffs
Versus
Eruch N. Patel, )
Residing at 780, karani Building, )
N.M. Joshi marg, Dadar, )
Bombay -400 014. ) Defendant
THE PLAINTIFFS ABOVENAMED STATE AS UNDER
1. The Plaintiffs are the Trustees of M.N. Banajee & C.M. Banajee Charity Trust.
The said Trust is duly registered with Charity Commissioner, Mumbai having registration No. C/941(B) the main object of the plaintiffs’ Trust are as follows:-
(a) Providing housing accommodation to the needy members of the Parsee Zorastrain community.
(b) Giving monetary help to needy persons.
(c) Providing Medical aid to needy persons.
(d) Giving education
2. The Plaintiffs’ Trust has property viz. M .N. Banajee Buliding situated at Forgett
Street Cross Lane , Off Gowalia Tank Road, Mumbai 400 036 (hereinafter referred to as the said “ Trust Buildingâ€).
3. The Defendant is trespasser in respect of Flat no.1 on the ground floor in the said Trust building situated at Forgett Street Cross Road, off Gowalia Tank Road, Mumbai 400 036.
4. The Plaintiffs state that, one Mr. Sorabji B. Jethra was licensee in respect of flat No.1 on the ground floor in the said Trust Building situated at Forgett Street Cross Road , Off Gowalia Tank Road, Mumbai 400 036 (hereinafter referred to as the said “ the suit flatâ€). Said Sorabajee Jethra was occupying the suit Flat along with his relative one MsAloo Fardoonji Driver. The said Sorabjee Jethra died on or about 29th April,1999 in Mumbai and his said relative Ms Aloo F. Driver died on or about 4th May, 1999. The said Sorabji had no heirs and legal representatives leaving behind him surviving to the knowledge of plaintiffs.
5. Upon the death of said Sorabji and said Ms Aloo occupants of said suit flat, the defendat who was not occupying the suit flat, nor was the relative of said sorabji came to the suit flat and put his lock illegally and unauthorizedly despite protest by the office bearer of the Plaintiffs Trust.
6. The plaintiffs state that the defendant who has been staying with his family at 780, karaniBuilding, N.M. joshi Marg dadar, Mumbai 400014, has illegally entered into the suit flat after the death of said two occupants and illegally and unauthoresedly put up his lock on the suit flat and unauthorisedly occupying the same without any legal right over the suit flat.
7. The plaintiffs office bearers have repeatedly requested the defendant to handover vacant and peaceful possession of the said flat to the trust to enable the trust to allot the same to needy parsee Zorastrian. However the defendant refused to handover the same to the planintiffs.
8. Thereupon the plaintiffs by their Advocate’s letter dated 26.5.1999 addressed to the Defendants at his dadar residence, interalia called upon him to remove his lick form the suit flat and to handover the suit flat to the plaintiffs. The defendant by his Advocate’s reply dated 3.6.99 falsely contended that he has a right to the suit flat on the basis of document allegedly in his possession. The Plaintiffs Advocate by his letter dated 26.6.1999 addressed to the Defendant’s advocate, interalia called upon the defendant to give inspection of original documents referred to and relied upon by the Defendant in his reply dated 3.6.1999. The Plaintiffs Advocate sent reminder dated 17.9.1999 to the Defendant calling upon him to give inspection of the alleged documents in his possession on which the Defendant is falsely claiming right over the suit flat. Hereto annexed and marked EXHIBIT “A†is the copy of letter dated 26.5.1999. Hereto annexed and marked EXHIBIT “B†is the copy of reply dated 3.6.1999. Hereto annexed and marked EXHIBIT ‘C†is the letter dated 26.6.1999 and hereto annexed and marked EXHIBITâ€D†is a copy of reminder letter dated 17.9.1999. The Plaintiffs crave leave to refer to and rely upon postal acknowledgement when produced.
9. The Plaintiffs say and submit that the Defendant has no right, title, and interest in the suit flat and the Defendant is a rank trespasser in respect of the suit flat and is wrongfully occupying the suit flat without any legal right, The plaintiffs apprehend that the Defendant may part with possession and/or induct any third person in the suit flat which would render the reliefs nugatory which the Plaintiffs may get in the suit. The Plaintiffs therefore submit that it is just necessary and proper in the interest of justice that the defendant his servants and agents be restrained by an order and injuction of this Hon’ble court from parting with possession or inducting any third party in possession of the suit flat any manner whatsoever pending the hearing and final disposal of the suit, the Plaintiffs be granted ad-interim reliefs in the aforesaid terms.
10. The Plaintiffs submit that the Defendant is also liable to pay mense profit to the plaintiffs for the wrongful use and occupation of the suit flat. From the date of suit till decree and handing over possession, by the Defendant. The Plaintiffs submit that appropriate enquiry be made for mesne profit and decree may be passed accordingly against the defendant.
11. The Plaintiffs and the Defendant reside in Mumbai. The suit flat is situated in Mumbai. The whole cause of action has arisen in Mumbai. The claim is to recover possession of the suit flat from a trespasser. The claim in the suit is below Rs. 50,000/- therefore this Hon’ble court has jurisdiction to entertain and try the present suit.
12. The plaintiffs state that the suit is not barred by law of limitation.
12a) Plaintiffs have not received any notice from the Defendant that he has filed any caveat. The plaintiffs has not filed any other suit against the same defendant on same cause of action.
13. The Plaintiffs value the suit for the purpose of court fees and jurisdiction at 8,800/- being hundred and fifty times monthly license fees in respect of the suit flat @Rs. 88/- per month and the prayer for mense profit provisionally at Rs.200/- per month with undertaking to pay such court fees, as may be determined on decree being passed.
14. The Plaintiffs will rely on the documents a list whereof is annexed hereto.
The Plaintiffs therefore pray:-
a) That this hon’ble court be pleased to declared that the Defendant is a trespasser and has no right, title and interest of any nature in respect of flat no.1 on the ground floor in the building known as M. N. Banaji Building, Forgett Street, Cross Lane, off Gowalia Tank, Mumbai 400 036;
b) That the Defendant be decreed and ordered to handover vacant and peaceful possession of suit flat viz. flat no. 1, on the ground floor in the building known as M. N. Banaji Building, Forgett Street, Cross Lane, off Gowalia Tank, Mumbai 400 036, to the Plaintiffs;
c) That this Hon’ble court be pleased to ascertain mensne profit and ordered and decreed to the Defendant to pay the same to the Plaintiffs from the date of filling of the suit till vacant and peaceful possession of the suit flat is handed over to the Plaintitffs by the Defendant at the rate to be determined by this Hon’ble court under order xx rule 12 of code of civil procedure,1908
d) Pending the hearing and disposal of the suit the Defendant be restrained by an order and injuction from parting with possession in any manner of suit flat viz. flat no 1.on the ground floor in the building known as M. N. Banaji Building, Forgett Street, Cross Lane, off Gowalia Tank, Mumbai 400 036, and/or from inducting any person therein;
e) Interim and ad-interim reliefs in terms of prayer (d) be granted;
f) For cost of and incidental to the suit;
g) For such other and further reliefs as this Hon’ble court may deem fit and proper;
Advocate for Plaintiffs.
Plaintiffs.
Gargi Ranade
(Querist) 28 November 2009
Thank you Prakash Sir,
for your prompt and in detail co-operation.I really appriciate efforts put by all experts to make this site successful.
Raj Kumar Makkad
(Expert) 28 November 2009
Praksh has provided but there are various points on which various citations can be provided. it is better if you mention the facts of your case and desire the relevant citation.
