IN THE COURT OF SENIOR CIVIL JUDGE 

BHUBANESWAR, ODISHA

SUIT NO. 213 OF 2020 

IN THE MATTER OF:

Mr Rakesh Dash son of Mr Rahul Kumar, resident of House No.10 Street No. 05 Samay Bakers
Badami Bagh, Bhubaaneswar

……Plaintiff

VERSUS

Mr Hemesh son of Mr Piyush  resident of House No.33, Street No. 12,

……Defendant

SUIT FOR PERMANENT INJUNCTION

Respectfully Sheweth:-

1. That the plaintiff Mr. Rakesh Dash is the permanent resident of the above mentioned address in
property bearing no. 2118 for the last many years and is living with wife and minor children, as a
tenant has filed the permanent injunction against landlord Mr. Hemesh.

2. That the plaintiff is a tenant in respect of the above said property bearing no. 2118 consisting
two rooms, latrine and kitchen in the above said premises of Rent Rs. 1500/- per month excluding
electricity and water charges under the tenancy of Mr. Hemesh used to collect the rent from the
plaintiff but did not issue any rent receipt to the plaintiff even after several demands made by the
plaintiff but he always used to postpone the issue of rent receipt.

3. That the plaintiff spent a huge amount on the construction of these two rooms in the above said
premises at the request of landlord Mr. Hemesh assured the plaintiff to adjust the said rent (the
plaintiff is having the necessary documents/proofs of material for construction of rooms in the
above said property).

4. That at present the plaintiff is having the peaceful possession of premises no. 2118 and is
having the whole necessary documents and record regarding possession (photocopy of Ration
Card, School Card is enclosed herewith) but the defendant intended to disturb the peaceful
physical possession of the plaintiff of the premises.

5. That the plaintiff is having the whole necessary household goods which are lying/in the
premises and is living peacefully.

6. That the plaintiff on dt. 15.10.2019 has been threatened by the defendant who came to the
premises of the plaintiff and asked to vacate the tenanted premises immediately otherwise the
plaintiff would have to face dire consequences, when the plaintiff denied, started throwing
household goods forcibly and illegally and started to quarrel with the plaintiff when the
neighbours intervened in the matter then the defendant left the spot after threatening for dire
consequences and to dispossess the plaintiff forcibly and illegally in the near future with the help
of local goondas. The defendant also said that the police post Patia dances to their tune on their
one say.

7. That immediately on the same date the plaintiff rushed to the police post Patia to lodge his
report against the defendant regarding such incident but duty officers did not lodge the report of
the plaintiff. The plaintiff was surprised to see that the defendant was already present at the Police
Post Patia.

8. That on 20.10.2019, the plaintiff sent a Registered Notice to the defendant and copy to Chowki
Incharge Police Post Patia by Regd. A.D. (copy of the same is enclosed herewith) but P.P. Patia
staff has not taken any action against the defendant for reasons best known to them.

9. That on 30.10.2019, the defendant along with two local goondas whom the plaintiff can
recognise by face, came to the above said premises bearing no. 2118, and knocked at the door at
odd hours and threatened the plaintiff to come out of the room. The plaintiff saw their faces from
gaps of the door and the plaintiff got nervous, and therefore did not come out. The said persons
threatened the plaintiff to vacate the premises immediately. However, then the neighbors gathered
there and they restrained the defendant and other two persons from dispossessing the plaintiff
from the above said premises forcibly and illegally. When the neighbours threatened them, they
left the spot with a threat to come after one or two days with heavy force to dispossess the
plaintiff from the above said premises forcibly and illegally.

10. That on dt. 31.10.2019, the plaintiff again went to the police post Patia to lodge the report
against the defendants and other two local goondas but no Police Officer of P. Post Patia is ready
to listen against the defendant and they advised the plaintiff to approach to the competent court of
law to seek his remedy and to get injunction order against the defendant.

11. That the plaintiff has no other efficacious remedy except to approach this Hon’ble court for
seeking relief of injunction against the defendant and other two local goondas from interfering in
the peaceful possession of the premises no. 2118.

12. That the cause of action arose on different date when the defendant threatened the plaintiff to
vacate the premises no. 2118 and threatened the plaintiff of dire consequences and further to
dispossess him from the above premises bearing no. 2118 forcibly and illegally. The cause of
action lastly arose on dt. 30.10.2019 when the defendant with two local goondas again threatened
and tried to dispossess the plaintiff from the premises no. 2118 forcibly and illegally with the
connivance of the Local Police. The cause of action still subsists as the threat of the defendant to
dispossess the plaintiff and to create disturbance in the peaceful possession of the premises no.
2118 continues.

13. That the parties to the suit for the purpose (s) of court fee and jurisdiction are Rs. 150/- on
which the requisite court fee has affixed.

14. This Hon’ble Court has jurisdiction to entertain this suit because the part of the cause of
action arose at Bhubaneswar and the suit property is situated within the territorial jurisdiction of
this Honorable Court. 
 PRAYER:

It is, therefore most respectfully prayed that this Honourable Court may be pleased to:-

1. pass the decree for Permanent Injunction in favor of the plaintiff and against the
defendants thereby restraining the defendant, their representatives, agents etc. from
dispossessing the plaintiff forcibly and illegally from the tenanted premises bearing no.
2118 and also from interfering in the peaceful possession of the said premises.
2. award cost of the suit in favour of the Plaintiff and against the Defendant;
3. pass such other and further order(s) as may be deemed fit and proper on the facts and in the
circumstances of this case. 

Bhubaneswar

20.10.2020

Mr Rakesh Dash

Through Counsel

S.Kuanr

VERIFICATION:

Verified at Bhubaneswar on this 20.10.2020 that the contents of paras 1 to 14 of the plaint are true
to my knowledge derived from the records of the Plaintiff maintained in the ordinary course of its
business, those of paras 1 to 14 are true on information received and believed to be true and last
para is the humble prayer to this Hon’ble Court.

Plaintiff

Mr Rakesh Dash
 IN THE COURT OF SENIOR CIVIL JUDGE BHUBANESWAR, ODISHA

SUIT NO. 213 OF 2020

IN THE MATTER OF:

Mr Rakesh Dash

S/o

Mr Rahul Kumar

……Plaintiff

VERSUS

Mr Hemesh

S/o

Mr Piyush

……Defendant

SUIT FOR PERMANENT INJUNCTION

WRITTEN STATEMENT ON BEHALF OF DEFENDANT

Respectfully Sheweth:-

1. That the defendant affairms to the facts written in para 1 to 3 in the plaint.

2. That the facts written in para 4 to 12 are fabricated and are denied by the defendant in its
entirity.

3. That the facts stated from para 6 to 12 are totally lie and are made up ones by the plaintiff.

4. That the plaintiff himself asked for the construction of the two extra rooms and although
said to pay for its construction but didn’t pay a single penny for it and the bills for the
payment of construction is paid by the defendant. Also the payment of the house rent was due
from last six months.

5. That the defendant was handling all the trouble caused by the plaintiff due to which
neighbours have complained a lot about the same in the past.
 6. That the defendant was in the urgent need of the premises for some personal reasons.

7. That the defendant asked for the premises in a very polite manner rather the plaintiff
created a ruckus out of it.

8. That the facts stated by plaintiff from point 6 to 12 are totally false and made up stories as
nothing that sort of thing ever happened rather the plaintiff himself started throwing the things
upon the defendant and upon the two person who accompanied the defendant for asking
payment of due house rent and also vacating the premises for urgent need.

9. That the two persons who accompanied the defendant are basically defendant friends not
any local goondas as stated by the plaintiff.

PRAYER

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to

1. Dismiss the case filed by the plaintiff

Defendant

Mr Hemesh

Through Counsel

Rahul

VERIFICATION:

I, Hemesh confirms that whatever is written in the written statement is true to the best of my
knowledge.

Defendant

Mr. Hemesh