IN THE COURT OF THE CITY CIVIL JUDGE, AT BENGALURU CITY

Original Suit No. ……of 2023

BETWEEN
Mr. Jerry Mathew
….PLAINTIFF
AND
1. Mr. Sam Chandy
2. Mr. Samson Chandy …
DEFENDANTS

INDEX
Sl Particulars Page
No. No.
1. Memorandum of Plaint under Order VII Rule 1 of the Code of Civil 2-7
Procedure 1908
2. Verifying Affidavit of Plaintiff 8
3. Valuation Slip 9
4. List of Documents filed along with the plaint under 10
Order VII Rule 14 of the Code of Civil Procedure 1908
5. Document No.1: Copy of the original registered Lease Agreement dated 10
12-05-2016.
6. Document No.2: True print of the bank statement of Plaintiff No.1 10
containing transactions rent payment for the time period of 17-07-2016
to 17-07-2022.
7. Document No.3: True print of the bank statement of Plaintiff No.1 10
highlighting the transactions amounting to 55 Lakhs
8. Document No.4: True print of the invoices, receipts and contractual 10
agreements for the renovation work done on the schedule property
9. Document No.5: A copy of the notice served by Defendant No.2 10
terminating the lease agreement dated 17-07-2023.
11. Memorandum of Interlocutory Application under 11-14

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 Order XXXIX Rule 10 read with Section 151 of the
Cod of Civil Procedure, 1908
IN THE COURT OF THE CITY CIVIL JUDGE, AT BENGALURU CITY

Original Suit No. ……………………of 2023

IN THE MATTERS OF:

1. Mr. Jerry Mathew
Aged about 47 years
Residing at No.23, Prestige Homes,
North Street, Austin Town
Bengaluru, Karnataka 560047
….PLAINTIFF
-Vs-
1. Mr. Sam Chandy
Aged about 69 years
Residing at No.9, Saunders Road
Cleveland Town, Bengaluru
Karnataka-560005

2. Mr. Samson Chandy

Son of Mr Sam Chandy
Aged about 29 years
Residing at No.9, Saunders Road
Cleveland Town, Bengaluru
Karnataka-560005
….DEFENDANTS

MEMORANDUM OF PLAINT UNDER SECTION 26 READ WITH ORDER VII

RULE 1 OF THE CODE OF CIVIL PROCEDURE 1908

2
The Plaintiff humbly submits as follows:
1. The address of the Plaintiff for the purpose of summons and notice from this Hon'ble
Court is as stated in the cause title above. The Plaintiff may also be served through his
advocate, Mr. Sourav M, Advocate, National Law School of India University, Gnana
Bharathi Main Road, Nagarbhavi, Bengaluru-560072.
2. The address of the defendants for the purpose of service of summons, notices, etc.
from this Hon’ble Court is as stated in the cause title.
3. The Plaintiff is the tenant in actual and physical possession of commercial property
bearing No. 25, measuring 13-meter square, 5th Cross Rd, KHB Colony, 5th Block,
Koramangala, Bengaluru, Karnataka-560095, fully described in the schedule (herein
referred to as the ‘Schedule Property’).
4. Defendant No.1 being the rightful owner of the schedule property leased the said
property to the Plaintiff vide a registered ‘Lease Agreement’ dated 12-5-2016
registered as Document No. 2345/2016-17 on 13-5-2016 at the Koramangala Sub-
Registrar’s office. A true copy of the said Lease Agreement is annexed hereto and
marked as Document No.1.
5. The Lease Agreement effective from 13-5-2016 was entered for a period of 10 years
valid till 13-5-2026. The Plaintiff made a payment of Rs.10,00,000/- (Rupees Ten
Lakhs only) towards a refundable security deposit. The monthly payable rent was
Rs.60,000/- (Rupees Sixty Thousand only) with the provision of enhancing the rent by
10% every year.
6. Subsequently, on 15-6-2016 the Plaintiff took possession of the schedule property for
the purpose of setting up a book store by the name of ‘Namma Book House’.
7. The Plaintiff submits that he is in lawful possession of schedule property as per the
terms of the validly executed lease agreement. Since taking possession of the schedule
property, the Plaintiff has fulfilled all obligations under the Lease Agreement. The
Plaintiff invested substantial time, effort and resources in establishing the Book Store,
the Plaintiff has obtained all necessary and relevant statutory and regulatory
permission to conduct his business.
8. The Plaintiff submits a legally binding landlord-tenant relationship arose between the
Plaintiff and the Defendants because of the registered lease agreement. The Plaintiff
submits that he has been diligently fulfilling all the obligations under the lease
3
 agreement. Clause 1 of the lease agreement confers exclusive right of possession to
the schedule property. Further, the Plaintiff submits that his tenancy rights are
protected under relevant rent control laws.
9. Further, the Plaintiff has consistently fulfilled his obligations under the lease
agreement by consistently paying rent on time and has maintained the property in
good condition paid all other charges as per the lease agreement. The true print of the
bank account statement of the Plaintiff evidencing the regular payment of rental
amount and other charges to the Defendant, is produced herewith as Document No.2.
10. The Plaintiff submits he has not acted in any way prejudicial to the lease agreement in
fact he asserts that he has demonstrated full commitment to adherence to the lease
agreement. At the time of taking possession, the schedule property was empty and
unfurnished. In anticipation of commencing his business operations, the Plaintiff is in
good faith in obtaining necessary permits and informing the Defendants and to
enhance the property’s value undertook extensive renovation and improvement. These
improvements included repainting, adding bookshelves, upgrading the electric
system, the lighting and air conditioning etc.
11. The aforementioned improvements were carried out at the sole expense of the
Plaintiff, amounting to a total of Rs. 55,00,000/- (Rupees Fifty-Five Lakhs only) (the
bank statement is attached and marked as Document No.3). The invoices, receipts
and contractual agreements is annexed hereto and marked as Document No.4.
12. However, on 10-07-2023, Defendant No.1’s son namely Samson(Defendant No.2)
turned up on the schedule property and demanded higher rent of Rs.1,50,000/-(Rupees
One Lakh Fifty Thousand only). Subsequently, on 17-07-2023, Defendant No.2 issued
a notice to terminate the Lease Agreement providing the Plaintiff with 10 days time to
vacate the premises. A true copy of the notice is annexed hereto and marked as
Document No. 5.
13. The Plaintiff submits that the action of Defendant No.2 and the notice to terminate are
unlawful and are done with a malice intention to harass the Plaintiff to illegally evict
the Plaintiff from the schedule property.
14. The Plaintiff submits that the Defendant No.2 has no legal right to demand a rent
increase and to issue notice under law as the lease agreement was exclusively entered
between the Plaintiff and Defendant No.1, the true owner of the schedule property.
Defendant No.2 is not privy to the lease agreement.

4
 15. Even if it is assumed that Defendant No.2 was acting in the capacity of an agent for
Defendant No.1. The Defendants do not have the authority to arbitrarily and without
sufficient cause enhance the rent. The relevant clause of the Lease agreement i.e.,
Clause 6 states that “The tenant agrees to pay a monthly rent of Rs.60,000/- for the
first 12 months thereafter, the monthly rent would be subject to an annual increase of
10%”. The plaintiff submits that the Defendant is not entitled to unilaterally enhance
the rent beyond 10% per annum. However, the Defendant is seeking a 15% increase
in rent which is unlawful and violative of the lease agreement.
16. Further, clause 10 of the lease agreement states that the lease agreement would be
terminable by either of the parties on service notice of 30 days. Hence, the notice
served by Defendant No.2(Document No.4) is for 10 days which is not valid as per
the terms of the lease agreement.
17. The Plaintiff submits that his tenancy rights are protected under Karnataka Rent
Control laws. The Plaintiff submits that he is protected from unreasonable increase in
rent under applicable rent laws. The Defendants have not provided sufficient reasons,
and the Defendants have not incurred any costs in improving the schedule property all
improvements and maintenance are conducted by the Plaintiff at his expense
(Document No.3).
18. Therefore, the Plaintiff submits that there are no valid grounds for terminating the
Lease Agreement.
19. The Plaintiff submits that the Plaintiff’s right to peaceful and quiet possession of the
schedule property is being violated. Defendant No.2 by threatening to evict the
plaintiff of the schedule property without due process of law is infringing on the
Plaintiff’s right.
20. Hence, the Plaintiff humbly prays that this court grant a decree of declaration to the
effect that the Plaintiff is in lawful possession of the schedule property until the
subsistence of the term of the lease and grant the relief of permanent injunction
against the Defendants from attempts to unlawfully terminate the lease agreement.
21. The Plaintiff submits that he has approached this Hon’ble Court with clean hands and
has fully and truthfully disclosed all material facts concerning the case in accordance
with the law laid down by the High Court. Further, this suit is not barred by any
other law.
22. The Plaintiff submits that the cause of action for the suit arose on 17-07-2023 when
Defendant No.2 issued the unlawful notice to terminate the lease agreement.
5
 23. The suit schedule property which is the subject-matter of this suit is situated in
Koramangala, within the territorial jurisdiction of this Hon’ble Court, the Defendants
reside within the territorial jurisdiction of this Hon’ble Court, and the Plaintiff also
resides within the territorial jurisdiction of this Hon’ble Court. Hence, this Hon’ble
Court has jurisdiction to entertain this suit.
24. The plaintiff submits that the present suit is within the limitation period as the
eviction notice was issued on 17-07-2023. The suit is being filed on 20-07-2023.
Hence, the suit is not barred by limitation.

VALUATION
25. That the subject matter of the suit is immovable property more fully described in the
suit schedule which is valued at Rs.15,47,760/-(Rupees Fifteen Lakh Forty Seven
Thousand Seven Sixty only) for the purposes of jurisdiction and also for payment of
Court Fees. Accordingly, a court fee of Rs.89,274/-(Rupees Eight Nine Thousand Two
Seventy-Four only) is paid on the plaint under Section 41 r/w Article 7 of Schedule I
of the Karnataka Court Fees & Suits Valuation Act, 1958.

PRAYER
WHEREFORE, in the facts and circumstances aforementioned, it is prayed that this Hon’ble
Court be pleased to:-
a) Grant a decree of declaration affirming that the Plaintiff is the lawful tenant of the
Schedule Property, with the exclusive right to possession over the Schedule Property.
b) Grant a decree of Permanent Injunction restraining the Defendants, their agents,
servants, or any other person acting on their behalf from interfering with the peaceful
and quiet enjoyment of the schedule property.
c) Grant such other reliefs as deemed fit in the facts and circumstances of the case,
including costs, in the interest of justice.

6
 SCHEDULE

The Immovable property being commercial unit bearing No. “25”, measuring 14 square
meters in plinth area, located on the first floor, in the complex called “Shopping
Paradise” situated at No. 21, Koramangala, Bangalore 560095, forming part and parcel
of Site No. 345 being site measuring 180’ North to South and 280’ East to West bounded
as hereunder:
East by: Truffles
West by: Property belonging to Mr Sachin in Site No. 346
North by: Nava Chaitanya clinic
South by: Adugodi police station

Sourav M Jerry Mathew

Advocate for Plaintiff PLAINTIFF

VERIFICATION
I, Jerry Mathew, the Plaintiff in the above case, do hereby verify and state that this is my
name and signature and that the statements made in Paragraphs 1 to 25 hereinabove are true
and correct to the best of my knowledge, information and belief.

Bangalore,
Date: 20-07-2023 Jerry Mathew
PLAINTIFF

7
 IN THE COURT OF THE CITY CIVIL JUDGE, BENGALURU CITY
O.S. No. ……………………. / 2023
BETWEEN:
Mr. Jerry Mathew .…….PLAINTIFF
AND
1. Mr. Sam Chandy
2. Mr. Samson Chandy …...DEFENDANTS

VERIFYING AFFIDAVIT

I, Jerry Mathew S/o. Mathew Sebastian aged about 47 years, residing at No.23, Prestige
Homes, North Street, Austin Town, Bengaluru, Karnataka 560047, do hereby solemnly affirm
and state on oath as under:
1. I am the Plaintiff in the above case and I am conversant with the facts and
circumstances of the case and am able to depose thereto. Therefore, I am swearing to this
affidavit.

2. I state that the averments made in paras 1 to 25 of the accompanying Plaint are true
and correct to the best of my knowledge, information and belief.

3. I state that the Documents produced in Document No.1 to 5 are true copies of the
original document

Jerry Mathew
Identified by me
Jerry Mathew
Sourav M DEPONENT
Advocate
Bangalore

8
Date: 20-7-2023
No. of corrections: nil

IN THE COURT OF THE CITY CIVIL JUDGE, BENGALURU CITY

O.S. No. ……………………. / 2023
BETWEEN:
Mr. Jerry Mathew .…….PLAINTIFF
AND
1. Mr. Sam Chandy
2. Mr. Samson Chandy …...DEFENDANTS

VALUATION SLIP

Serial No of The Method adopted to arrive at the Valuation arrived

the property amount of valuation at
in the plaint rent as
schedule basis for
the
valuation
1 2 3 4
Nil - The relief sought for in the plaint A court fee of
at Prayers (a) and (b) are valued at Rs.89,274/- is paid
Rs.15,47,760/- under section 41 of under section 41 r/w
the Karnataka Court Fees Act, article 7 of schedule
1958. Other relief sought at I of the Karnataka
Prayer (c) is ancillary relief and court fees and suit
hence does not attract court fees valuation act, 1958.
under the first proviso of section

9
 6(1) of the Karnataka Court Fees
Act, 1958.

Place: Bengaluru
Date: 20-07-2023 Sourav M
Advocate for the Plaintiff

IN THE COURT OF THE CITY CIVIL JUDGE, BENGALURU CITY

O.S. No. ……………………. / 2023
BETWEEN:
Mr. Jerry Mathew .…….PLAINTIFF
AND
1. Mr. Sam Chandy
2. Mr. Samson Chandy …...DEFENDANTS

LIST OF DOCUMENTS FILED ALONG WITH THE PLAINT UNDER ORDER VII
RULE 14 OF THE CODE OF CIVIL PROCEDURE, 1908

Sl No. Document
1. Copy of the original registered Lease Agreement dated 12-05-2016.
2. True print of the bank statement of Plaintiff No.1 containing
transactions rent payment for the time period of 17-07-2016 to 17-07-
2022.
3. True print of the bank statement of Plaintiff No.1 highlighting the
transactions amounting to 55 Lakhs
4. True print of the invoices, receipts and contractual agreements for the
renovation work done on the schedule property
5. A copy of the notice served by Defendant No.2 terminating the lease
agreement dated 17-07-2023.
6.

10
Place: Bengaluru
Date: 20-07-2023 Sourav M
Advocate for the Plaintiff

IN THE COURT OF THE CITY CIVIL JUDGE, AT BENGALURU CITY

Interlocutory Application No………...of 2023

IN

Original Suit No. ____ of 2023

BETWEEN:

Mr. Jerry Mathew …PLAINTIFF

AND

1. Mr. Sam Chandy

2. Mr. Samson Chandy …DEFENDANT

INTERLOCUTORY APPLICATION FILED BY THE PLAINTIFF UNDER ORDER

39 RULE 1 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE,
1908, FOR TEMPORARY INJUNCTION

That for the reasons urged and sworn to in the accompanying affidavit, the Plaintiff humbly
prays that this Hon’ble Court be pleased to grant a temporary injunction against the
Defendants restraining them from unlawfully evicting the Plaintiff from the Suit Schedule
Property pending disposal of the suit, in the interest of justice.

11
 SOURAV M

Place: Bengaluru Advocate for Plaintiff

Date: 20-7-2023

IN THE COURT OF THE CITY CIVIL JUDGE, AT BENGALURU CITY

Interlocutory Application No……………..of 2023

IN

Original Suit No. ____ of 2023

BETWEEN
Mr. Jerry Mathew
…PLAINTIFF
AND

1. Mr. Sam Chandy

2. Mr. Samson Chandy …DEFENDANTS

AFFIDAVIT

I, Mr Jerry Mathew, S/o Mathew Sebastian, aged about 47 years, residing at No.23, Prestige
Homes, North Street, Austin Town, Bengaluru, Karnataka 560047, do hereby solemnly affirm
and state on oath as under:
1. That I am the Plaintiff in the above-mentioned suit, I am conversant with the facts of
the case. Hence, I am swearing to this affidavit.
2. That I have instituted the present suit against the Defendants on 20-07-2023 seeking
permanent injunction against the Defendants from interfering with the peaceful and
quiet enjoyment of the possession of the suit schedule property and other reliefs.

12
 3. That on 12-05-2015, I entered into a Lease Agreement of the suit schedule property
with Defendant No.1 for a period of 10 years with a monthly rent of Rs.60,000/- and
with an option to increase the rent at the rate of 10% per annum. The said Lease
agreement was registered at the Koramangala Sub-registrar office on 13-05-2015. A
copy of the Lease Agreement is hereto attached and marked as Document No.1.
4. I took possession of the property in 15-06-2015 to set up a book store, upon taking
possession I realised that the property was unfurnished hence, I undertook
renovations and improvements to the suit schedule property, the cost of which
amounted to Rs. 55,00,000/- (Fifty-Five Lakhs only). A copy of the receipts is hereto
attached as Document No.2.
5. I submit that I have fulfilled all the obligations under the lease agreement, I have
made regular time payments of rent, I have taken reasonable care in maintaining the
property and that I have used the property only for commercial purpose in
accordance with the agreement. I have also not conducted or used the suit schedule
property in relation to any illegal activity.
6. I further submit that I have spent money on improving the property which added
considerable value to the suit schedule property in good faith and in the best interest
of myself and the defendants.
7. Despite all the good faith efforts and commitment shown by the Plaintiff, Defendant
No.2 on 10-07-2023 showed up to the property and demanded higher rent beyond the
agreed amount as per the Lease Agreement. Subsequently, Defendant No.2 issued a
notice to terminate the Lease Agreement and was granted 10 days to vacate the
premises of the suit schedule property.
8. In the circumstances narrated above, I have reasons to believe that the Defendants are
taking steps to unlawfully terminate the lease agreement by increasing the rent
beyond the stipulated limit with an intention to harass and cause hardship to the
Plaintiff by infringing my right to peaceful possession of the suit schedule property
which protected under the law. Hence, the Plaintiff is constrained to file for a
temporary injunction against the Defendants to prevent them from evicting the
Plaintiff from the schedule property.
9. I submit that the registered lease agreement and receipts of regular payment of rent
indicate a clear prima facie case in favour of the Plaintiff, since the lease agreement
is duly executed in accordance with the relevant laws and that I have fulfilled my

13
 obligations under the lease agreement. Further, Defendant No.2 has no legal right to
issue notice as he is not privy to the lease agreement.
10. It is further submitted that the I would stand to suffer irreparable injury, damage
and loss if the defendant is allowed to evict the Plaintiff which cannot be
compensated through costs. Possession of the property is essential for the Plaintiff to
carry on his business. If the plaintiff were evicted then the improvements made to the
property by me would be lost and I would have the burden to relocate my business to
another place as a result I would lose my customers which would cause significant
emotional and financial hardship, injury and loss. On the other hand, I submit that no
hardship would be caused to the Defendants as they would not suffer any financial
loss and I would continue to pay the rent as per the terms of the lease agreement
during the subsistence of the suit. Further, any loss that the defendants may suffer
during the subsistence of this suit can be adequately compensated at the end of the
suit if the verdict favours them. Therefore, the balance of convenience stands in my
favour.
11. I submit that I have a prima facie case, I would suffer irreparable damage if the
injunction is not granted and that balance of convenience lies in my favour.
12. Wherefore, I humbly pray that this Hon’ble Court be pleased to allow the
accompanying application as prayed for, in the interest of justice and equity.

I, Mr. Jerry Mathew, the Plaintiff in the above case, do hereby verify and state that
this is my name and signature and that the statements made in Paragraphs 1 to 12
hereinabove are true and correct to the best of my knowledge, information and belief.

Place: Bengaluru
Date: 20-07-2023 Jerry Mathew
DEPONENT
Identified by me
Sourav M Advocate
No. of corrections: nil

14
 COURT VISIT REPORT

I visited the Karnataka High Court and the Mayo Hall Court in Bengaluru as part of my court
visit. I observed court proceedings, examined court documents including pleadings and
applications and engaged in insightful dialogues with legal professionals. This report
highlights key observations and takeaways from the court visit. I have attached a picture of
myself in Annexure-1 and the cause list in Annexure-2 as proof of visit.

In the High Court, I witnessed proceedings in Court Hall-1 and Court Hall-5. Court Hall 1
comprised a distinguished division bench presided by Justice Krishna Dixit and Chief Justice
Prasanna Varle. I reached the court at 12 PM at that time the matter being heard was related to
environmental law violation by the concerned government department in what seemed to be a
writ petition. The judges were pointing to specific paragraphs of the writ petition and of the
relevant documents that the petitioner had submitted to ascertain whether the petitioner had a
cause of action. I observed that both advocates and judges kept constantly referring to the
pleadings or applications made by the advocates. Most of the arguments made by the
Petitioner were based on or referring to the averments made in the writ petition.
Correspondingly the judges asked clarification on the arguments made by the petitioner.
One takeaway from this observation was the severe consequence of not mentioning material
information in the pleadings/application. The judge asked the advocate to refer to the exact
part of the pleading to highlight which provision of law places a duty on the state act to
protect the environment. The petitioner failed to inform the judge of the exact provision and
subsequently, the matter was adjourned to give the advocate some time to research and
present the specific provision. This highlights the centrality of pleadings in a case and

15
underscores the importance of well-drafted pleadings as they form the foundation of
arguments and have a significant bearing on the outcome of the case.

Subsequently, after observing proceedings in the High Court, I went to the Mayo Hall(city
civil court) wherein I observed proceedings in CH-29 which involved a s.302 IPC case in its
evidence stage where the prosecution had called witnesses to examine them. Throughout the
examination process, the witness was made to state whether the contents of the complaint,
Mazzar report etc were true or not. The high level of importance given to court documents in
the High Court was prevalent in the trial court as well. This again highlights the importance
of well-drafted documents even in the evidence stage and more so in a criminal case as a
defect in the FIR or other investigation report can be fatal to the proceeding.
Subsequently, after observing court proceedings I approached the court master during the
lunch break to gain access to the case files. However, he did not allow us to examine the case
files. Hence, I decided to interact with advocates fortunately outside Court Hall 29, I met an
advocate Arjun Rego. Our interactions were on the drafting of applications and pleadings he
offered interesting insights into the drafting process and legal strategies that he uses to
persuade the judges to grant the relief sought by going beyond mere conformity of the
essential conditions of a plaint and adding emotions and narrative into the plaint/application.
In one of the pleadings, the advocate said to us that he inserts substantive law in his pleading,
even though the law prohibits it. He said that there is some leeway in including legal
arguments to substantiate your factual claims which is done to strengthen the case of the
party.

I was allowed to examine some of the applications that the advocate was going to file in court
that day. I perused the documents including S.438 CrPC application to quash FIR. I also
perused an application for recasting issues/framing additional issues. One interesting
observation from the applications was the use of emotions in storytelling narrative throughout
the application. he added that emotions play an important role in swaying the judge’s opinion
in favour of the party. He also mentioned that if the line “application under x specific
provision of an act” is not mentioned the judge would instantaneously dismiss the case. This
again highlights the importance of accurate drafting of the pleadings as it has the potential to
make or break the case irrespective of the merits of the case.

16
In conclusion, my court visit the court visit is the drafting plaints/applications are meant to
serve the purpose of conveying the story of the party to the judge. There are two aspects of
plaints/applications, on the one hand, is adherence to legal requirements as to the mentioning
of specific facts in the plaint/application for it to be admitted in court. On the other hand,
there is the art of creative and persuasive drafting to convince the judge to grant the reliefs,
by including a narrative and certain emotions to establish the case of the party. In essence, a
well drafted plaint/application is a blend of legal requisites and creative narrative construction
to increases the persuasiveness of the case.

ANNEXURES
Annexure-1
Photograph in front of High Court with timestamp:

Annexure-2
Cause list of CH-5

17
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