Civil Suit

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Transcript of Civil Suit

IN THE CITY CIVIL COURT AT--------------, MUMBAIL.C. SUIT NO. ---------------

------------------------------ } . Plaintiff

VersusV -------------------------------- } .. Defendant

CIVIL SUIT FOR GUARANTEE OF RE-ACCOMODATION I. On behalf of Plaintiff,------------------, hereby solemnly affirm and state as under:1) I say that plaintiff is a tenant at Shree Govind Nagar C.H.S. Ltd., Bldg. No. 23, Govind Nagar Road, Borivali(West), Mumbai-400092.

2) As suggested by the Assistant Engineer, R/Central Ward of Municipal Corporation of Greater Mumbai to the Secretary/ Chairman of Building No. 23, the building is in dangerous and dilapidated condition likely to fall or in any way dangerous to any person occupying resorting to or passing by such structure or any other structure or place in any place in the neighborhood thereof. He thus declared the building to be unsafe for human habilitation and hence should be reconstructed. Accordingly, notice under section 354 of Mumbai Municipal Corporation Act is issued for reconstructing the building and directing the Secretary/occupants of building No.23, Govind Nagar, C.H.S. Ltd. To vacate the premises and pull down the same immediately to prevent all causes of danger therefrom.3) The Assistant Engineer also proposed that the landlord/ owner/ developer has to arrange alternate accommodation to the tenants as per Sections 90, 94(1) and 95 of Maharashtra Housing and Area Development Act, 1976. As per Section 90(4), after the reconstruction, the tenants have to be re-occupied in the building and as per section 90(12), Board has to issue notice to occupiers for re-occupation, once the reconstruction is completed.4) Some tenants have vacated their flats and shifted to other locations. However, 12 tenants could not afford the rental premises due to their financial position. The Plaintiff is one of those 12 tenants. 5) Hence, as per the Plaintiffs tenancy rights, he is supposed to be provided with temporary transit tenement till the time building is reconstructed and re-accommodated thereafter.6) Though there are provisions in laws and section 30 of Bombay Tenancy and Agricultural Lands Act, 1948 specifically states that Rights of tenants should not be abridged or limited, still the Plaintiff does not trust the authorities that they will follow all these rules strictly without causing me any inconvenience or trouble. So, the Plaintiff asks for a guarantee from the landlord/owner/ developer, in writing, that they will provide the Plaintiff with temporary settlement and also re-accommodate him once the reconstruction is completed.

7) The cause of action for the present suit first arose on ________, when the Plaintiff was asked for vacating the premises of the building for the purpose of its reconstruction. Under the above circumstances I therefore pray as under;a) That as provided under section 90 of Maharashtra Housing and Area Development Act, 197 6 and Section 30 of Bombay Tenancy and Agricultural Lands Act, 1948 , Plaintiff be provided with a written guarantee from the Landlord/ Owner/ Builder of Shree Govind Nagar C.H.S Ltd. for temporary settlement and re-accommodation.

Advocate for Plaintiff Plaintiff