Regular Civil Suit No.007/2002

MR. WILSON MARTINS,
Major, aged 65 years,
Married, Resident of ‘Marigold’
Panaji- Goa. ................................Plaintiff

V/S

MR. FRANCO NORONHA,
Major, married, aged 40 years,
Resident of A-204, Querant
Miramar, Panaji-Goa. ................Defendant

SUIT FOR EJECTMENT OF TENANT

The plaintiff above named states and submits as under:
1) The registered address of the plaintiff for the future communications as required under Order 6 Rule 14 A is the same as mentioned in the clause title.

2) The plaintiff is the landlord and the owner of a flat at La- Campala Society, Miramar, Panaji- Goa, and the plaintiff knows the defendant for the last one year as his tenant.

3) On 4th January 2000, the defendant approached and requested the plaintiff to let out his one bedroom flat situated at La- Campala Society Miramar to him on monthly rent basis. Since the said flat has been vacant for a few days before defendant’s request, the plaintiff readily agreed with the defendant to let out the said flat to the defendant on monthly rent basis of Rs. 1,400/- commencing from 20th January 2000, under an Agreement dated 15th January 2000. A copy of the said Agreement is annexed hereto and is marked as ‘Exhibit A’ of the plaint.

4) The plaintiff received the rent regularly from the defendant for the year 2001. However the defendant failed to pay rent of the said flat for 4 consecutive months of the year 2002 in spite of repeated requests made by the plaintiff. Thus the defendant is in arrears of rent amounting to Rs.
5, 600/- for 4 consecutive months @ Rs. 1400/- p.m.

5) The plaintiff on various occasions repeatedly requested the defendant to pay the said arrears of rent to the plaintiff on some pretext or the other.

6) The plaintiff then finally call upon the defendant through the Advocate’s
letter dated 7/12/2002 and sent it by a Registered A.D. notice calling upon the defendant to pay the said arrears of Rs. 5, 600/-to the plaintiff. But the defendant failed and neglected to do so nor did he reply to the letter addressed to the Plaintiff’s Advocate. Hereto annexed and marked ‘Exhibit C’ colly is the copy of the said letter with the A.D Card.

7) The cause of action arose in Panaji because the suit house is situated in Panaji. The parties reside within the jurisdiction of the Hon’ble Court and
hence this Court has jurisdiction to try and entertain the suit.

8) The plaintiff values the suit of Rs. 5, 600/- for purpose of jurisdiction and court fees.

9) There is no other suit pending between the parties on the same cause of
action.

10) The plaintiff therefore prays:
a) that the Hon’ble Court may be pleased to order the defendant to deposit the said arrears of rent i.e. Rs. 5, 600/- @ Rs. 1, 400/- p.m.in the Hon’ble Court within a period of 2 weeks from the date of the order.
b) that the Hon’ble Court may further be pleased to order the defendant to quit, vacate and handover the peaceful possession of the said flat situated at La- Campala Society, Miramar- Panaji, to the plaintiff.
c) That the Hon’ble Court be pleased to order the defendant to pay costs of the suit to the plaintiff.

PLACE: Panaji-Goa.
DATE: 2nd January 2003

Sd/-
PLAINT DRAWN BY PLAINTIFF
Sd/-
[ADV.FOR PLAINTIFF]

VERIFICATION
I, MR WILSON MARTINS, the above named plaintiff residing at E-253, Marigold, Panaji, Goa, do hereby solemnly state and declare that contents of paragraphs 1 to 6 are true to my personal knowledge and contents of remaining paragraphs are based on information received and I believe the same to be true.
Solemnly affirmed as aforesaid at Panaji, Goa on this 2nd day of January 2003.
Sd/-
PLAINTIFF