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Appasamy Pandian I.A petition

K.Appasamy Pandian, the petitioner and defendant, has filed an affidavit in the District Munsiff Court at Poonamallee regarding unpaid rent owed by the respondent, D. Tharuna Shree. The total arrears amount to Rs. 6,60,000/- for 22 months, and the petitioner requests the court to order the respondent to deposit this amount, asserting that her failure to pay disqualifies her from pursuing the current suit. The petitioner also notes that previous legal notices sent to the respondent were returned as 'Unclaimed.'

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5 views

Appasamy Pandian I.A petition

K.Appasamy Pandian, the petitioner and defendant, has filed an affidavit in the District Munsiff Court at Poonamallee regarding unpaid rent owed by the respondent, D. Tharuna Shree. The total arrears amount to Rs. 6,60,000/- for 22 months, and the petitioner requests the court to order the respondent to deposit this amount, asserting that her failure to pay disqualifies her from pursuing the current suit. The petitioner also notes that previous legal notices sent to the respondent were returned as 'Unclaimed.'

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chandraguptamouryalawempire
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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BEFORE THE HON’BLE DISTRICT MUNSIFF COURT AT POONAMALLEE

I.A.No. of 2024
in
O.S. NO. 202 OF 2023
K.Appasamy Pandian ( Senior Citizen )
S/o. Kasi Devar
No.1/28, Main Road
Pappangulam South
Ambasamuthiram
Tirunelveli – 627 401 … Petitioner / Defendant
Vs.
D. Tharuna Shree
D/o. Devaraja Pandian
Plot No.3B, 19th Cross Street,
Astalakshmi Nagar
Alappakkam
Chennai – 600 116 … Respondent/ Plaintiff
AFFIDAVIT OF MR.K.APPASAMY PANDIAN
1. I, K.Appasamy Pandian, ( Senior Citizen ) S/o. Kasi Devar, No.1/28, Main
Road, Pappangulam South, Ambasamuthiram, Tirunelveli – 627 401, hereby
solemnly affirm and sincerely state as follows :
The address for service of all notices and processes on the defendant is that
of his counsel S.PAVESH KANNAN, ADVOCATE M/s.Chandragupta Mourya
Law Empire , No.315, Addl.Law Chambers, Madras High Court, Chennai –
600 104. Mobile No.94446 30003. E-Mail : [email protected].
2. The respondent is D. Tharuna Shree, D/o. Devaraja Pandian, aged about 41
years , Plot No.3B, 19th Cross Street, Astalakshmi Nagar, Alappakkam,
Chennai – 600 116.
The address for service of all notices and processes on respondent is as
stated above.
3. I submits that the respondent / plaintiff has filed this suit and submitted
before this Hon’ble court the details of rent arears due by her till date. Its
details are as follows :
a. Rs.25,000/- on 16.03.2022
b. Rs.30,000 /- on 18.04.2022
c. Rs.30,000/- on 16.05.2022
d. Rs.30,000/- on 15.06.2022
e. Rs.30,000/- on 17.07.2022
f. Rs.30,000/- on 16.08.2022
g. Rs.30,000/- on 19.09.2022
h. Rs.30,000/- on 17.10-.2022
Thereafter, the monthly rent amount was not paid to petitioner / defendant
for three months - November 2022, December 2022 and January 2023
Rs.90,000/- (Rupees Ninety thousand only ).
i. Rs.30,000/- on 16.02.2023.
Thereafter , As of today, the respondent / plaintiff have not paid monthly
rent to / petitioner / defendant’s bank account for (19) Nineteen
consecutive months :
March 2023, April 2023, May 2023, June 2023, July 2023, August 2023,
September 2023, October 2023, November 2023, December 2023, January
2024, February 2024, March 2024, April 2024, May 2024, June 2024, July
2024, August 2024 and September 2024 .
A total of 22 months of un paid rent Rs.6,60,000/- ( Rupees Six lakhs Sixty
thousand only ) till September, 2024.
4. I submit that the petitioner / defendant sent first legal notice to the
respondent / plaintiff on 14.08.2023. The notice sent was return as “
Unclaimed “. After that the petitioner / defendant sent second legal notice
to respondent on 12.08.2024 . The notice was return as “ Unclaimed “.

5. I submit that Rs.6,60,000/- ( Rupees Six lakhs only ) till September , 2024 ,
the arrears of rent payable by the respondent / plaintiff. After deducting the
interest – free deposited amount of Rs.2,00,000/- . On 28.06.2024 she paid
electricity bill of Rs.10,614/- . Currently, Rs.14,331/- has come as electricity
bill due to electricity usage . It is clear from this that she is continually using
the rental house illegally without paying the rent.

6. I submit that as mentioned above , the respondent / plaintiff is holding


arrears of rent of Rs. 6,60,000/- till September, 2024 and is occupying the
house in the guise of a tenant in violation of the law. She continues to seize
the property on the pretext of filing this suit.

In these circumstances, I most humbly prayed that this Hon’ble Court


may be pleased to allow this petition can order to the respondent /plaintiff
a partly to deposit the arrears of rent of Rs. 6,60,000/- ( Rupees Six lakhs
Sixty thousand only ) till September, 2024 refuses to pay the aforesaid
arears amount , she is not entitled to file this suit in the Hon’ble Court and
dismiss the main suit in O.S.No. 202 of 2023 and issue an order and thus
render justice.
Solemnly affirmed and sate at Chennai
On this the 28th day of October 2024 and Before me
Signed his name .
ADVOCATE : CHENNAI
BEFORE THE HON’BLE DISTRICT MUNSIFF COURT AT POONAMALLEE
I.A.No. of 2024
in
O.S. NO. 202 OF 2023
K.Appasamy Pandian ( Senior Citizen )
S/o. Kasi Devar
No.1/28, Main Road
Pappangulam South, Ambasamuthiram
Tirunelveli – 627 401 … Petitioner / Defendant
Vs.
D. Tharuna Shree
D/o. Devaraja Pandian
Plot No.3B, 19th Cross Street,
Astalakshmi Nagar, Alappakkam
Chennai – 600 116 … Respondent/ Plaintiff
PETITION FILED ORDER 39 RULE 10 OF CPC read with section 94 and 151 OF CPC
For the reason stated in the accompanying affidavit it is most humbly
prayed that this Hon’ble Court may be pleased to the respondent /plaintiff a
partly to deposit the arrears of rent of Rs. 6,60,000/- ( Rupees Six lakhs Sixty
thousand only ) till September, 2024 refuses to pay the aforesaid arears amount ,
she is not entitled to file this suit in the Hon’ble Court and dismiss the main suit in
O.S.No. 202 of 2023 and issue an order and thus render justice.
Dated at Chennai on this 28th day of October, 2024.

Counsel for respondent / defendant


BEFORE THE HON’BLE DISTRICT
MUNSIFF COURT AT POONAMALLEE
I.A.No. of 2024
in
O.S. NO. 202 OF 2023
K.Appasamy Pandian( Senior
Citizen )
S/o. Kasi Devar
… Petitioner / Defendant
Vs.
D. Tharuna Shree
D/o. Devaraja Pandian
… Respondent/ Plaintiff

AFFIDAVIT & PETITION FILED ORDER


39 RULE 10 OF CPC

S.PAVESH KANNAN
Counsel for Petitioner / Defendant

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