5. Suit for permanent injunction, restraining the landlord from dispossessing the tenant forcibly and illegally along with application for stay.
Draft of a civil suit for permanent injunction along with an application for temporary injunction (stay) under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908. The suit is intended to restrain the landlord from forcibly dispossessing the tenant without due process of law.
๐️ IN THE COURT OF THE CIVIL JUDGE, BILASPUR
Civil Suit No. ______ of 2025
IN THE MATTER OF:
VERSUS
SUIT FOR PERMANENT INJUNCTION
(Restraining the landlord from dispossessing the tenant forcibly and illegally)
The Plaintiff Most Respectfully Submits:
1. That the Plaintiff is a lawful tenant of the Defendant in respect of the premises situated at [full description and address of the rented premises], hereinafter referred to as “the suit property”.
2. That the Plaintiff has been residing in the said premises for the past [X years/months] and has been paying rent regularly to the Defendant. The Plaintiff is in peaceful and lawful possession of the said premises.
3. That no notice of termination of tenancy has been issued to the Plaintiff, nor has the Defendant approached the competent court of law for eviction proceedings.
4. That recently, on [mention date], the Defendant tried to forcibly dispossess the Plaintiff by threatening and locking the main door of the premises and by disconnecting essential services like electricity and water.
5. That the acts of the Defendant are illegal, arbitrary, and without due process of law, and the Plaintiff apprehends that he may be thrown out of the premises forcibly at any time.
6. That the Defendant has no legal right to take the law into his own hands and forcibly dispossess the Plaintiff without obtaining a proper eviction order from the court.
7. That the cause of action arose on [date] and continues to subsist as the Defendant is continuously threatening the Plaintiff with illegal dispossession.
8. That the Plaintiff resides within the jurisdiction of this Hon’ble Court and the suit property is also situated within its jurisdiction.
PRAYER
The Plaintiff therefore prays that this Hon’ble Court may kindly be pleased to:
a) Pass a decree of permanent injunction, restraining the Defendant, his agents, servants, and representatives from dispossessing the Plaintiff forcibly and illegally from the suit property without following due process of law;
b) Award cost of the suit to the Plaintiff;
c) Pass any other order that this Hon’ble Court deems just and proper in the interest of justice.
๐ APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 CPC
FOR GRANT OF TEMPORARY INJUNCTION
IN THE MATTER ABOVE NAMED, THE APPLICANT (PLAINTIFF) SUBMITS AS FOLLOWS:
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That the Plaintiff has filed the present suit for permanent injunction.
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That the Defendant is making illegal attempts to forcibly dispossess the Plaintiff from the suit property, without recourse to law.
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That the Plaintiff has a prima facie case, the balance of convenience lies in his favor, and he will suffer irreparable loss and injury if the injunction is not granted.
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That unless the Defendant is restrained by this Hon’ble Court, the Plaintiff may be thrown out and rendered homeless.
PRAYER IN APPLICATION
It is, therefore, respectfully prayed that this Hon’ble Court may kindly:
a) Pass an order of temporary injunction during the pendency of the suit, restraining the Defendant from forcibly and illegally dispossessing the Plaintiff from the suit property;
b) Pass such other order as deemed just and proper.
✅ VERIFICATION
I, [Name of Plaintiff], S/o [Father’s Name], R/o [Address], do hereby verify that the contents of the above suit and application are true and correct to my personal knowledge and belief.
Verified at [Place] on this [Day] of [Month], 2025.
Plaintiff
(Signature)
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