IN THE HIGH COURT OF JUDICATURE OF …………. 
AT ……….

C.M.P. No……….. of …….. 20………..

in 

C.R.P.  SR. No………… of 20……..

Between :

……………………
……………………         							Petitioner

and

……………………..
…………………….		  						       Respondent

Affidavit of …………….., the petitioner herein

I, ………………………………………………..………….……………….,
S/o……………………………………………………….…………………, 
Hindu, aged about………… years,
Occupation : ………………………………………………………….., 
residing at ………………………………………………………………..
Mandal, ……………………………………………………..………….. District, having temporarily come down to ………….., do hereby solemnly and sincerely state on oath 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 demised premises to me filed R.C.C. No. ………………………..….. of ………………………………. on the file of P.D.M. cum Rent Controller, …………., seeking eviction on the grounds of willful default, acts causing wastage and impairment bona fide requirement and that I was not using the premises for the purpose for which it was let out.

(1) (i) 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 detailed before the Lower Court stating that infact the lease was taken by my father 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 enhance 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 lies.

(ii) I humbly submit that the lower Court rightly and elaborately and reasonably has discussed all the points and struck out 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 willful default, causing impairment to the premises and bonafide requirement of the landlord are false and has struckdown all these three grounds.

2. I humbly submit the Lower Appellate Court has unreasonably given an explanation regarding the fourth ground of myself putting use the demised premises for the purpose other than for which it was letout and the Courts below had directed me to vacate the premises within two months from the date of pronouncement of the order by the Lower Appellate Court.

3. 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 conjectures and surmises 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 Control Appellate Tribunal………………………….…… in C.M.A.No……………………………. dated…………………………….. pending disposal of the above C.R.P.
Deponent
Sworn and signed before me on this the 					
…………. day of ……., ………at……..				

Advocate,……………….

MEMORANDUM OF CIVIL MISC. PETITION

(Under Section 151 of  C.P.C.)

IN THE HIGH COURT OF JUDICATURE OF ……………… 
AT…………….

C.M.P. No……….. of …….. 20………..

in

C.R.P. No……….. of …….. 20………..

Between :

……………………
……………………         					…..Petitioners
And
……………………
…………………….		                           	…..Respondent

For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon’ble Court may be pleased to say 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 this Hon’ble Court cum Rent Control Appellate Tribunal deem fit and proper.

Place :……….

Dated :………

Advocate for Petitioner