ਆਪਣੀ ਜਾਣਕਾਰੀ ਭਰੋ

IN THE COURT OF THE RENT CONTROLLER, __________
(the Civil Judge (Junior Division) exercising the powers of a Rent Controller under the East Punjab Urban Rent Restriction Act, 1949)

Rent Petition No. ______________ of 20______
(number to be allotted by the Registry on institution)

Jurisdiction for which this petition is drawn: __________

READ THIS BEFORE THE PETITION IS SIGNED, SWORN OR PRESENTED. This petition is drawn for __________. Exactly one of the two location lines above must have printed - the Punjab line for a Punjab property, the Chandigarh line for a property in the Union Territory. If both printed, or if neither did, the wrong location box was filled in on the form, the wrong set of local paragraphs has printed below, and this petition is wrong on its face. Four further checks, each of which the form cannot make for you, and every one of which has sunk a real petition:

(a) PUNJAB AND THE DATE OF LETTING. If the Punjab line printed, paragraph 4 must show a date of letting BEFORE 30.11.2013, and paragraph 5-B must have printed. A Punjab letting on or after 30.11.2013 is not governed by this Act at all: it is governed by the Punjab Rent Act, 1995, the remedy is an application under sub-section (2) of section 20 in the Form specified in Schedule XII, and this is the wrong document for it. For a property in the Union Territory the date of letting makes no difference, because the 1949 Act applies there whenever the premises were let.

(b) AT LEAST ONE GROUND, WITH ITS PARTICULARS. Paragraph 8 names the principal ground at its head. Below that head there must appear at least one block of particulars, and one of those blocks must be the block for the ground so named. A paragraph 8 that names a ground and gives no particulars pleads nothing: it will be returned at the counter or dismissed at the threshold.

(c) SECTION 13-A, THE CLASS OF BUILDING, AND THE HEAD OF THE PETITION. If paragraph 1-A has printed, then paragraph 3 must describe the demised premises as a residential building or as a scheduled building, and the head of this petition must name section 13-A read with section 18-A. Section 13-A gives a specified landlord immediate possession of those two classes of building and of nothing else. If paragraph 3 says a non-residential building or rented land, take out the specified-landlord answers and plead bona fide personal necessity under sub-section (3) of section 13 instead. Conversely, if the head of this petition names section 13-A and paragraph 1-A has not printed, the specified-landlord questions were left blank and the petition names a provision it does not plead.

(d) ORAL OR WRITTEN. If paragraph 4 describes the tenancy as oral and then also gives the date of a written instrument, one of those two answers is wrong. Fix it before anybody swears the affidavit.

IN THE MATTER OF:

__________, aged about __________ years, __________, resident of __________; mobile __________.

... PETITIONER (LANDLORD)

VERSUS

__________, __________, in occupation at __________.

... RESPONDENT (TENANT)

Petition under __________ for an order of ejectment directing the Respondent to put the Petitioner in vacant and peaceful possession of the demised premises described in the Schedule below, and for damages for use and occupation and the costs of these proceedings.

Valued for the purpose of court fee at __________.

RESPECTFULLY SHOWETH:

1. THE PETITIONER AND HIS TITLE. That the Petitioner is the owner of the demised premises described in the Schedule at the foot of this petition, having acquired the same by __________, the particulars whereof are: __________. The Petitioner is entitled to receive the rent of the demised premises on his own account and is accordingly the landlord thereof within the meaning of clause (c) of section 2 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called "the Act"). Copies of the documents of title are filed herewith.

1. THE RESPONDENT. That the Respondent is in occupation of the demised premises as the tenant of the Petitioner and is a tenant within the meaning of clause (i) of section 2 of the Act. The relationship of landlord and tenant subsists between the Petitioner and the Respondent, and the Respondent has been paying, or has been liable to pay, rent to the Petitioner throughout.

1. THE DEMISED PREMISES. That the demised premises are __________ situated at __________, described more particularly in the Schedule at the foot of this petition. The demised premises fall within the limits of __________ and are therefore situated within an urban area within the meaning of clause (j) of section 2 of the Act, so that the Act applies to them and this Hon'ble Court has jurisdiction to try this petition.

1. THE TENANCY. That the Respondent was inducted into the demised premises on __________ under __________, for the purpose of __________. The rent agreed between the parties and payable by the Respondent is __________ per month, __________, payable on or before __________.

1. NO EXEMPTION FROM THE ACT, AND NO CIVIL COURT. That no notification issued under section 3 of the Act exempts the demised premises from the operation of the Act, and the demised premises are governed by it. By sub-section (1) of section 13 of the Act a tenant in possession of a building or rented land shall not be evicted therefrom except in accordance with the provisions of that section; the jurisdiction of the civil court to order the eviction of the Respondent is accordingly excluded, and this petition is maintainable before this Hon'ble Court alone.

1. NOTICE. It is respectfully submitted that the grounds pleaded below are statutory grounds under the Act, and that a petition for ejectment under the Act does not require the contractual tenancy first to be determined by a notice under section 106 of the Transfer of Property Act, 1882.

1. NO OTHER PROCEEDINGS. That, save as stated in this paragraph, no other petition, suit, appeal or proceeding between the same parties in respect of the demised premises is pending before this or any other court or authority, and no such petition has previously been instituted and decided.

1. GROUNDS OF EJECTMENT. That the Respondent is liable to be ejected from the demised premises, the principal ground relied upon by the Petitioner being __________. The grounds relied upon, with the particulars of each, are set out below, and each of them is pleaded independently of the others, so that the failure of one does not affect the rest.

1. CAUSE OF ACTION AND JURISDICTION. That the cause of action for this petition arose on the several dates on which the Respondent committed the defaults set out in paragraph 8 above, and continues from day to day, and last arose on __________ when the Respondent remained in occupation of the demised premises without any right to do so. The demised premises being situated at __________, within the local limits of the ordinary jurisdiction of this Hon'ble Court, this Hon'ble Court has jurisdiction to entertain, try and decide this petition.

1. LIMITATION. That this petition is within time. The grounds pleaded subsist as on the date of its presentation, the default and the occupation complained of are continuing wrongs, and the money claim made in the prayer is confined to arrears of rent falling due within three years preceding the date of this petition, together with rent and damages for use and occupation accruing thereafter.

1. COURT FEE. That the requisite court fee, of the value stated at the head of this petition, has been affixed on this petition under the Court Fees Act, 1870 as in force.

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(a) pass an order under the Act directing the Respondent to put the Petitioner in vacant, peaceful and physical possession of the demised premises described in the Schedule below, by ejecting therefrom the Respondent and every person claiming through or under him, together with his belongings;

(b) direct the Respondent to pay to the Petitioner rent or damages for use and occupation of the demised premises at the rate found reasonable by this Hon'ble Court from the date of this petition until the date on which actual vacant possession is delivered to the Petitioner;

(c) award to the Petitioner the costs of and incidental to these proceedings, including counsel's fee; and

(d) grant such further or other relief as the nature and circumstances of the case may require and as this Hon'ble Court may deem fit and proper in the interest of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL, AS IN DUTY BOUND, EVER PRAY.

Place: __________
Dated: __________

______________________________
__________
PETITIONER

VERIFICATION

Verified at __________ on __________ that the contents of paragraphs 1, 2, 3, 4, 6, 7 and 8 of the above petition, and of the Schedule below, are true and correct to my own personal knowledge, derived from the records maintained by me and from my own dealings with the Respondent; that the contents of paragraphs 5, 9, 10 and 11 are true to my information and belief and are made upon the legal advice I have received, which I believe to be correct; that no part of this petition is false; and that nothing material has been concealed therefrom.

______________________________
__________
PETITIONER

SCHEDULE
THE DEMISED PREMISES

Description: __________

Situated at: __________

Within the limits of: __________

Bounded as follows: __________

AFFIDAVIT

I, __________, aged about __________ years, __________, resident of __________, the Petitioner above named, do hereby solemnly affirm and declare as under:

1. That I am the Petitioner in the accompanying petition under __________, am fully conversant with the facts of the case and am competent to swear this affidavit.

1. That the contents of paragraphs 1, 2, 3, 4, 6, 7 and 8 of the accompanying petition, of the Schedule and of the list of annexures are true and correct to my own personal knowledge; that the contents of paragraphs 5, 9, 10 and 11 are true to my information and belief and are made upon legal advice; that no part of them is false; and that nothing material has been concealed therefrom.

1. That the annexures filed with the petition are true copies of their respective originals, which are in my possession and will be produced before this Hon'ble Court when required.

Verified at __________ on __________ that the contents of this affidavit are true and correct to my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.

______________________________
__________
DEPONENT

LIST OF ANNEXURES

__________