IN THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE AT KADAPA

O.S. No. 321/2017

Chintakommadinne Venkatesh … Plaintiff/Tenant
Vs.
1).Shaik Rasool
2).Shaik Ghouse Peer
3).Shaik Khader Basha … Defendants/ Landlords
CHIEF-EXAMINATION AFFIDAVIT OF PW-1 (PLAINTIFF) FILED
ON BEHALF OF PLAINTIFF U/O 18 RULE 4(1) OF C.P.C.
I, Chintakommadinne Venkatesh, S/0. Late Pedda Subbaiah, aged about
52 years, Hindu, Kirana Merchant, residing in the house bearing door
No.1/63, Main Bazaar, Valluru Town, Post & Mandal, Kadapa District, do
hereby solemnly affirm and state as follows:-
1. I am the plaintiff in the above suit and that I am deposing as
PW-1 in this suit. I know the facts of the suit.
2. I humbly submit that, I filed this suit against defendants for
establishing my right of occupancy over the suit schedule property, and
for grant of permanent injunction against the defendants by preventing
and restraining the defendants, their men and agents from interfering
with my peaceful possession and enjoyment of the suit schedule
property. I took the suit schedule house on oral lease from the first
defendant who is owner of the suit house about 20 months ago prior to the filing
of this suit on the monthly rent of Rs.1,000/- per month for running my Kirana
Business. The schedule house is used by me for running my Kirana shop on the
front portion and back portion is being used for my family purpose.
3. I humbly submit that, I have been paying rent of Rs.1,000/- to the
first defendant regularly from the date of occupancy upto now even 20
months prior to the filing of the suit. Usually the landlords do not give rent
receipts to the tenants in Valluru town and other parts of rural areas since
it is practice in the rural areas as well as in towns. The land lords
generally refuse to lease out their buildings to the tenants if the tenants
demand rent receipts from the land lords by fearing for legal
repercussions. As such the first defendant did not issue rent receipts to
me for receiving monthly rent of Rs.1,000/- to me for the suit property.
The first defendant went to Kuwait after filing of the suit. So I have been
paying rents to the wife of the first defendant every month within the
first week of every month regularly. The wife of the first defendant is
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not giving receipts to me for receiving the rents for the schedule
property from me.

4. I humbly submit that, I have been paying electricity charges to

the suit schedule house upto now as per oral lease agreement entered
between me and first defendant. I am not at default in paying rents to the
first defendant. I came to know that the defendants 2 and 3 are also having
joint rights over the suit schedule property. The defendants 1 to 3 are
interrelated and having common intention to cause loss and injustice to me,
since I am running my Kirana Business profitably and living happily. My
profitable business became eyesore to the defendants. So the defendants 1
to 3 in furtherance their common intention forcing me to vacate the suit
house and deliver vacant possession of the suit property to the
defendants. I am paying the rents regularly within the first week of every
month upto now to the wife of first defendant. The defendants do not require
the suit house for their self-occupation and I am not impairing the utility of
the suit house and not at all causing nuisance to the neighborhood and that
I did not secure alternate building in Valluru Town for running my Kirana
business.
5. I humbly submit that, I used to sell my Kirana goods to my
customers on credit also and that I have to collect the debts from my
customers to the extent of Rs.60,000/-. I am having the stock of Kirana
goods worth Rs.85,000/- in the suit schedule house. The defendants with
common intention to cause loss and injustice to me and forcing me to
vacate the suit schedule house. The lease of immovable property from year
to year for a term exceeding one year or reserving a yearly rent can be
made only by a registered instrument. All the other leases of immovable
property basing on monthly rent may be made either by registered
instrument or by oral agreement accompanied by deliver of possession
as per law as informed by my advocate. My oral lease with the first
defendant on monthly rent is valid. Hence, I am forced to file this suit
against the defendants for establishing my right of occupancy over the
suit schedule house property.
6. I humbly submit that, I have been paying electricity
charges to the suit house bearing meter service No.21135300481
standing in the name of M.Harinadha who was the original owner
of suit house. The suit house property ownership changed from
M.Harinadha to the first defendant. So the current service meter
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number for the suit house is standing in the name of M. Harinatha and
not changed in the name of defendants for the reasons best known to
them. So I filed 28 current bills and receipts of the suit house standing in
the name of Sri. M. Harinatha for proving my occupancy over the suit
schedule property. A tenant shall not be evicted whether in execution of
decree or otherwise except in accordance with the provisions of law. I am
tenant enjoying possession of the suit property even prior to 20 months
before filing the suit and that I have the right of occupancy as a tenant since I
am paying the rents regularly to the owner upto now.
7. The following documents may kindly be marked of my
behalf as Exhibit A-1 to A-4:-
i. Exbit A-1 Four current demand notices from 08-08-2016, April
2017, February 2017, and May 2017 for the suit property.
ii. Exbit A-2 Four electricity receipts for payment of current charges
for the above four demand notices for the suit property.
iii. Exbit A-3 Ten electricity demand notices for paying current charge
to the suit house after filing of the suit for the suit property.
iv. Exbit A-4 Ten electricity receipts for paying current charges to the
suit property after filing of the suit for the suit property.
8. Prayer :- I, therefore, pray that the Honourable Court may be
pleased to pass a decree and judgment in my favour and against the
defendants as prayed for by me in my suit plaint, in the interest of Justice.

Solemnly affirmed and signed before me on this the 11th day of July,
2018 at Kadapa.

Advocate
LIST OF DOCUMENTS FILED ON BEHALF OF THE PLAINTIFF,
ALONG WITH THIS AFFIDAVIT:-

i. Ten electricity demand notices for paying current charge to the suit
house after filing of the suit.
ii. Ten electricity receipts for paying current charges to the suit
property after filing of the suit.

ADVOCATE FOR THE PLAINTIFF

 IN THE COURT OF
PRINCIPAL JUNIOR CIVIL JUDGE
AT KADAPA
O.S. No. 321/2017
Chintakommadinne Venkatesh

… Plaintiff/Tenant
Vs.

1).Shaik Rasool
2).Shaik Ghouse Peer
3).Shaik Khader Basha

… Defendants/ Landlords

CHIEF-EXAMINATION
AFFIDAVIT OF PW-1
(PLAINTIFF) FILED ON BEHALF
OF PLAINTIFF U/O 18 RULE
4(1) OF C.P.C.

Filed by:

Sri. K. Venkata Reddy, B.Com., B.L.,

Advocates for plaintiff,
Kadapa