IN THE HIGH COURT OF JUDICATURE OF ………………. AT ………………..
C.M.P. No. ……….. of …………
In
C.R.P. No. …………. of ………..
Between :
A.B. … Petitioner
And
C.D. … Respondent
Affidavit of the petition herein
I, Mr……………………………………..……………………..,
S/o. ……………………………………….………..……………, an adult Indian inhabitant,
Occupation: ……………………………………..………….,
residing at …………………………………….………………
District …………………………………………………………, do hereby solemnly state as follows :
1. I am the petitioner herein and am well acquainted with the facts of the case.
2. I submit that the respondent herein who was a landlord of the premises demised to me filed R.C.C. No. ……………………………….. of ………………………….……. on the file of P.D.M. cum Rent Controller, ………………………… seeking eviction on the grounds of wilful default, acts causing wastage and impairmen bonafide requirement and that I was not using the premises for the purpose for which it was letout.
3. I submit that the respondent landlord had infact alleged all these grounds without any substantiation and has infact not come before the Court with clean hands and sought to evict me. I submit that I have put forth my contentions detailedly before the lower Court stating that infact the lease was taken by my father on lease in the month of ………………………….. on a monthly rent of Rs……………. ………… per month with an advance of Rs. ………….…………. and the respondent periodically enhanced the rents upto Rs. …………………………..…………. and when he still sought to chance the rent exorbitantly, for which I protested and for this reason the respondent landlord has sought to evict me basing on frivolous grounds of which were infact a pack of lieu.
4. I humbly submit that the lower Court rightly and elaborately and reasonably has discussed all the points and struckout the R.C.C. …………………………………… stating that the reasons put forth by the respondent landlord of are not true and correct. The lower appellate Court also has concurred with the findings of the lower Court regarding the ground of wilful default, causing impairment to the premises and bonafide requirement of the land lord are false and has struckdown all these three grounds.
5. I humbly submit the lower appellate Court has unreasonably gives an explanation regarding the fourth ground of myself putting use the declared premises for the purpose other than that is letout for the chosen to setaside the lower Courts order has directed me to the premises within …………. months from the date of pronouncement of the order by the lower appellate Court.
6. I humbly submit that I have been using the premises for a non-residential purpose alone and I am not using it for any other purpose. The lower Court based on conguctures and sunrises has parochially has chosen to observe that though I am using it for non residential purpose, it is being used for other purpose then it is actually letout for. Infact, the premises was given only for non-residential purpose and the said premises is being used for non-residential purposes alone.
For the reasons stated above, the petitioner herein prays that this Hon’ble Court may be pleased to stay the operation of the order of the learned Principal Subordinate Judge, cum Rent Controller Appellate Tribunal …………………………….……. in C.M.A. No. ………………………… dated ……………….…………. pending disposal of the above C.R.P..
Solemnly affirmed at ……………. on this
the …………. day of ………… and signed
Deponent
Before me
Advocate…………
MISC. PETITION Under Section 151 CPC
IN THE HIGH COURT OF JUDICATURE OF …………….
AT …………………..
C.M.P. No. …………. of ………….
in
C.R.P. No. ………… of …………..
Between :
A.B. … Petitioner
And
C.D. … Respondent
For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon’ble Court may be pleased to stay the operation of the order of the learned principal subordinate Judge, cum Rent Controller Appellate Tribunal ……………………..…… in C.M.A. No. ………………..…….. dated ……………………….………. pending disposal of the above Revision petition and pass such other order or orders as deem fit and proper.
Place :
Dated :
Advocate for petitioner