IN THE COURT OF DISTRICT JUDGE

(DISTRICT), NEW DELHI

R.F.A. NO. ______ OF 2019

IN RE:

Position of Parties

Before Ld. Lower Court Before this Hon’ble Court

SHRI RAMESH … DEFENDANT … APPELLANT

S/O

R/O

VERSUS

SHRI SURESH … PLAINTIFF … RESPONDENT

S/O

R/O

FIRST APPEAL UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF THE
CODE OF CIVIL PROCEDURE AGAINST THE JUDGEMENT AND DECREE DATED
_______________ PASSED BY ____________________, (DESIGNATION).

RESPECTFULLY SHOWETH:

1. That the Appellant(s) are preferring the present Appeal against the
judgement and decree dated _______________ whereby suit filed by Respondent
for Permanent Injunction was decreed with cost(s) in favour of Respondent(s).
Certified copy of the judgement and decree date _______________ is filed
herewith as Annexure- A.
2. That the facts leading to filing of present Appeal are enumerated
hereinafter.

3. That the Appellant and the Respondent entered in a relationship of

Tenant and Landlord, which was made at New Delhi on November 09, 2019
between Ramesh and Suresh, where it was mutually agreed that Suresh will
pay to Ramesh during the period of Agreement, a monthly rent of Rs. 5819
(Five Thousands Eight Hundreds and Nineteen Only). The amount will be
paid in advance on or before the date of 1st day of every English Calendar
Month.

4. That Shri Suresh stopped paying the mutually agreed rent, altogether,
denied the entry of the Appellant, the Landlord, in his own house. Para 13 of
the Lease deed clearly states due to failure in monthly rent payment amount
by the Tenant, the Respondent, it will hand over the peaceful possession of the
Lease Property to the Landlord, the Applicant in this case.

5. That the Respondent filed a suit on _______________.

6. That the copies of the Plaint filed by the Respondent are annexed hereto
as Annexure A-1. Written Statement filed on behalf of the Appellant in annexed
hereto as Annexure A-2. Replications to the Written Statement are annexed
hereto as Annexure A-3.

7. That the issues were settled in the Suit, which appear in the Impugned
judgement.

8. That evidence(s) were recorded, although the Plaintiff filed Affidavits of

Evidence by way of Examination in chief. Plaintiff examined himself as PW-1,
his neighbour as PW-2, copies of the evidence of these witnesses are annexed
hereto as Annexure A-4 and A-5, respectively.

9. That Appellant(s)/ Defendant(s) in the suit examined himself as DW-1,

copy of the evidence of the witness is annexed hereto as Annexure A-6.
10. That it is submitted that the arguments were heard and written synopsis
were also filed on behalf of the Appellant.

11. That however, the Learned trial Court by ignoring all the evidence and
documents placed on record decreed the suit of the Respondent in his favour
by judgement and decree dated _______________, certified copy of which has
been already annexed hereto as Annexure-A.

12. That feeling aggrieved by the judgement and decree passed by the
Learned Trial Court, the Appellant is preferring the present appeal for
quashing/ setting aside the judgement and decree dated _______________ on the
consideration inter-alia on the following amongst other.

GROUNDS

A. Because the Learned Trial Court has acted in a manner which is contrary to
Law and all well-established norms of dispensing justice.

B. Because the Learned Trial Court has not appreciated the evidence and the
arguments adduced on behalf of the Appellant at all since these contentions
and arguments have neither been considered nor discussed in coming to
impugned judgement and decree and as such impugned judgement and decree
is liable to be quashed and set aside.

C. Because the Learned Trial Court ought to have held that the suit is barred by
Limitation and therefore liable to be dismissed.

D. Because Cross-Examination of the Respondent’s evidence has been ignored

altogether, which if read in right perspective, would have resulted in entire
evidence of Plaintiff/ Respondent being discarded and suit being dismissed.

E. Because the Learned Trial Court has misapplied the judgement passed by the
Hon’ble Supreme Court in _________________________________________, without
understanding the ratio-decindi in the said judgement.
F. Because the Learned Trial Court has erred in not considering the facts and Law
in correct perspective, which has resulted in miscarriage of justice and suits
therefore were liable to be dismissed.

G. Because the Learned Trial Court has erred in coming to an erroneous

conclusion as reflected in paragraph 39 of the Impugned judgement, since the
said reasons were not the reasons pleaded by the Plaintiff for setting aside the
documents and such the impugned judgement is liable to be quashed and set
aside.

H. Because there were sufficient evidence led by the Defendant/ Appellant to

prove the issues raised in the suit and the Plaintiff/ Respondent has failed to
effectively rebut the Defendant evidence more particularly the documentary
evidence, which has resulted in miscarriage of justice.

I. Because on the facts of the case as appears on records, it was a fit case where
the suits ought to have been dismissed.

J. Because the judgement passed by the Learned Trial Court suffers from lack of
exercise or jurisdiction vested in the court.

K. Because the Learned Trial Court has acted with material irregularities which
has resulted in miscarriage of justice and therefore, impugned judgement is
liable to be quashed/ set aside.

13. That the valuation of this Appeal for the purpose of Court Fees is fixed
at Rs. ………. And the requisite Court Fees is appended to this memorandum
if Appeal.

14. That this Appeal is being filed within the prescribed period of Limitation,
the judgement and decree under Appeal having been passed on
_______________.

15. That it is submitted that the annexures annexed along with the Appeal
are true copies of their respective originals.
 PRAYER

Having regard to what has been stated hereinabove, it is therefore prayed that this
Hon’ble Court may kindly be please to:

1. Quash/ Set Aside the judgement/ decree dated _______________ and dismiss
the suit of the Respondent decided by Civil Judge, Delhi with cost(s)

2. Pass such other order(s) as this Hon’ble Court may deem fit and proper in the
circumstance of the case.

3. Allow the Appeal in favour of the Appellant and against the Respondent.

It is prayed accordingly!

Through
Advocate
Counsel for Appellant
Date:
Place:
Will be annexed with

1. Affidavit of Appellant.
2. Application on behalf of Appellant under Section 151 of the Code of Civil
Procedure, 1908 for stay of the operation of the impugned judgement and
decree.
3. Can be annexed with application under Section 151 for early hearing.
4. Index:
INDEX

S. NO. PARTICULARS PAGE NO.

A. Letter of Motion A
1. Urgent Application B
2. Memo of Parties
3. Opening Sheet with RFA Section 96 read with Order XLI of 1-33
the Code of Civil Procedure, 1908 against the judgement and
decree dated _______________ passed by
____________________, (Designation) along with Affidavit.
4. Annexure A 34-93
5. Annexure A-1 94-109
6. Annexure A-2 110-125
7. Annexure A-3 126-167
8. Annexure A-4 168-214
9. Annexure A-5 215-243
10. Annexure A-6 244-275
11. Annexure A-7 276-332