IN THE CITY CIVIL COURT AT--------------, MUMBAI

L.C. SUIT NO. ---------------

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Plaintiff

Versus
V
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.. 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 reoccupied in the building and as per section 90(12), Board has to issue notice to occupiers for re4)

occupation, once the reconstruction is completed.

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