Suit For Contribution Against Joint Owner For Expenses On The Repairs

Suggest Format of "Suit For Contribution Against Joint Owner For Expenses On The Repairs"​

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BEFORE THE HON’BLE JMFC/CITY CIVIL COURT

_____________AT _______________, MUMBAI

Suit no.______ of 20_____

 

Mr. ABC S/o DEF                     )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )

….…………Plaintiff

            Versus

 

Mr. XXX S/o YYY                      )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )

…………Defendants

               

MAY IT PLEASE YOU HONOUR;

The Plaintiff abovenamed begs to states as follows;

  1. That THE Plaintiff and the Defendant are brothers and jointly own house No………… at ………… in…………….. having inherited it from their deceased father.
  2. That the Plaintiff resides in the same city while the Defendant is posted at …………….. in connection with his Government service.
  3. That the house aforesaid in suit was badly damaged during the heavy rains that occurred this year and required extensive repairs, estimated to cost Rs…………..
  4. That the Plaintiff wrote to the Defendant informing him of the urgency of the repairs and Defendant requested the Plaintiff to carry out the repairs, promising that he would bear half the expenses incurred in the repairs.
  5. That the Plaintiff, on the basis of the assurance so given by the Defendant, carried out the repairs which actually cost the Plaintiff Rs…………….. as per details given at the foot of the plaint.
  6. That the Plaintiff informed the Defendant by a letter dated……….. about the expenses actually incurred over the repairs and demanded half of it from the defendant.
  7. That the Defendant is keeping quiet and not paying his share of the cost of the repairs.
  8. That the Plaintiff sent a notice to the Defendant on………….. by registered post with acknowledgement due but even then he has not cared to make the payment. Hence this suit.
  9. That the Plaintiff is entitled to recover from the defendant a sum of Rs………… i.e., half of Rs………………. Which was spent on the repairs of the house aforesaid and the defendant is liable to pay the same.
  10. That the cause of action for the suit arose on………………. When the repair work was completed and the Defendant became liable to pay half of the expenses so incurred over the repairs of the house at ……………… within the jurisdiction of this Court and this Court has got the jurisdiction to try the suit.
  11. That the valuation of the suit for the purpose of jurisdiction and payment of court-fee is fixed at on Rs…………… on which ad valorem court-fee has been paid.
  12. The Plaintiff, therefore, claims the following reliefs:
  • A decree for Rs…………….., be passed in favour of the plaintiff against the defendant with pendent lite and future interest.
  • The Costs of suit may be awarded to the Plaintiff.
  • Any other relief that this Court may deem just and proper.

 

Plaintiff

Advocate of the Plaintiff

V E R I F I C A T I O N

   I, …………………….., of Mumbai, Hindu, Indian Inhabitant, the Petitioner abovenamed, do hereby solemnly declare that what is stated in Paragraphs ..….. to…….. of the fore going petition is true to my own knowledge.

 

Solemnly declared at Mumbai           )

Dated this       day of               , 20___)

  , 20                                                     )      

Plaintiff

 

Interpreted & Explained by me

 

Advocate for Plaintiff