Regular Civil Suit No.003/2002

MR.PETER GONSALVES,
S/o of MR. ANDREW GONSALVES,
Major, single,
Residing at Bank Quarters,
Panaji-Goa............................................ Plaintiff

V/S

MR.NEEL XAVIER,
S/o of MR. SHELDON XAVIER,
Major, single,
Residing at Ayesha Apts;
Panaji-Goa. .......................................Defendant

SUIT UNDER SEC. 5 OF THE SPECIFIC RELIEF ACT

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

2) The plaintiff is the owner of a hardware shop on 18th June Road and has a godown behind the same shop. The defendant owns a shop dealing with repair of electrical goods adjoining the plaintiff shop.

3) On 30th June 2001, the defendant requested the plaintiff to let him use the plaintiff’s godown behind the plaintiff’s shop for a period of 15 days after which the glut in his shop would reduce thus enabling him to shift the excess stock back into his own shop.

4) The plaintiff and the defendant drew up a leave and licensed agreement for 15 days time. The plaintiff then allowed the defendant to shift his excess stock into the said godown; hereinafter referred to as the suit premises. The plaintiff took from the defendant an advance payment of Rs.15,000 and a refundable security deposit of Rs.3500/- annexed hereto and marked ‘Exhibit A’ and is a copy of the said agreement of leave and license.

5) After the expiry of the said period of 15 days, the plaintiff asked the defendant to vacate the suit premises and hand over the full possession of the same on 20th August 2001.

6) The defendant requested for an excess period of 1 month. The plaintiff agreed for the same on account of his long outstanding acquaintance with the defendant and the period was extended upto 20th September 2001.

7) The plaintiff on 20th September 2001 asked the defendant to vacate the said premises as was agreed to. However the defendant offered to share the godown by paying a rent of Rs.2000/- p.m .The plaintiff refused to accept payment for such an arrangement.
The defendant again requested for an extention of 1 month, which the plaintiff agreed to only on a written statement, an undertaking that the defendant will vacate the suit premises after that Annexed and marked as ‘Exhibit B’ is the copy of the said undertaking.

8) Thereafter the plaintiff had repeatedly been asking the defendant to vacate the suit premises which the defendant had been refusing on some pretext or the other.

9) On 30th June 2002, the plaintiff, through his Advocate, sent a legal notice to the defendant, directing him to vacate the suit premises. The defendant however failed to comply with the same and hence the suit has been filed

10) The plaintiff states that he is entitled a decree of this court, directing the defendant to vacate the suit premises.

11) The plaintiff further states that he is further entitled to mere profits to the tune of the prevailing market rate for use of the godown that is Rs.5000/- from the date of cause of action to the payment, per month.

12) For the purpose of Court fees and jurisdiction, the suit is valued at Rs.2,85,000/-(Rupees 2 lakhs eighty-five thousand only)

13) The plaintiff and the defendant both reside within the jurisdiction of this Court. The cause of action arose within the jurisdiction of this Hon’ble Court and therefore this Hon’ble Court has the jurisdiction to try and entertain the suit.

14) The cause of action arose on 21st October 2001 when the defendant refused to vacate the premises. The suit is thus within limitation.

15) The plaintiff prays that:
a) the defendant be directed to vacate the suit premises and hand over possession to the plaintiff
b) the defendant be directed to pay to the plaintiff mere profits @ 5000/- Rs.p.m. from 21st to 22nd October 2002.
c) the plaintiff may herein finally dispose of the suit and expaste ad-interim relief in terms of prayer (b) be granted.
d) for costs.

PLACE: Panaji
DATE: 1/11/2002 Sd/-
Sd/-[ADV.FOR PLAINTIFF] PLAINTIFF

VERIFICATION

I, MR.PETER GONSALVES, the plaintiff above named state on oath that the contents of paras. 1 to 8 and 14 are to my personal knowledge and contents of paras.9 to 13 are submissions made on legal advice and I believe the same to be true.
Solemnly affirmed of Panaji on this 1st day of November 2002.

Sd/-
PLAINTIFF