Table of Contents

1. Frequently asked question

2. Sample draft


Frequently asked question

  1. What is a suit for ejectment?

    A suit for ejectment is a legal action filed by a property owner or landlord to seek possession of immovable property from a person (usually a tenant or occupant) who is in unauthorized or unlawful possession of the premises.

  2. When can a suit for ejectment be filed?

    A suit for ejectment can be filed when:

    • The tenancy has expired or been terminated.

    • The occupant is in possession without legal authority.

    • A tenant refuses to vacate despite a notice of termination.

  3. Is a notice mandatory before filing a suit for ejectment?

    Yes. Under Section 106 of the Transfer of Property Act, 1882, a notice to quit is generally required to terminate a tenancy unless the tenant is a licensee or has no legal right to possession.

  4. Can a landlord claim damages for unauthorized occupation?

    Yes. The landlord can claim mesne profits or damages for wrongful use and occupation from the date the occupant becomes unauthorized, usually after the tenancy is terminated or expires.

  5. What are mesne profits?

    Mesne profits refer to compensation for wrongful possession of property, typically equivalent to the fair market rental value during the period of unauthorized occupation.

  6. How are mesne profits or damages calculated?

    They are generally calculated based on:

    • Prevailing market rent of similar property in the area.

    • Duration of unauthorized occupation.

    • Nature of property use (residential or commercial).

  7. What documents are needed to file a suit for ejectment and damages?

    Important documents include:

    • Proof of ownership (sale deed, property documents)

    • Rent/lease agreement (if any)

    • Legal notice of termination

    • Proof of notice delivery (postal receipt, acknowledgment)

    • Market rent proof (if claiming damages)

  8. Can a tenant be evicted without a lease agreement?

    Yes. Even in the absence of a written lease agreement, a tenancy may be established orally or by conduct. The landlord must still serve a notice to terminate the tenancy before filing suit.

  9. How long does an ejectment suit take in India?

    The time varies based on jurisdiction and court workload, but typically it may take 1–3 years depending on whether the matter is contested or settled early.

  10. What happens after the court passes a decree for ejectment?

    If the Defendant fails to comply with the decree and does not vacate, the Plaintiff can seek execution of the decree through the court, which may involve court-appointed bailiffs evicting the occupant.

  11. Can the tenant appeal the decree?

    Yes. Like any civil decree, the tenant (Defendant) has the right to appeal the court’s judgment within the prescribed limitation period, usually 30 to 90 days depending on the court.

  12. Can interest be claimed on damages awarded?

    Yes. The court may award interest on mesne profits or damages from the date of filing the suit or from the date of wrongful possession until realization.


Sample draft

IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION AT [CITY]

CIVIL SUIT NO. ___ OF 2025


IN THE MATTER OF:

Mr. Ramesh Kumar

S/o Late Shri Harish Kumar,

Resident of House No. 101, Green Park,

New Delhi – 110016.

… Plaintiff


VERSUS


Mr. Ajay Sharma

S/o Shri B.L. Sharma,

Resident of House No. 55B, Jangpura Extension,

New Delhi – 110014.

… Defendant


SUIT FOR EJECTMENT AND DAMAGES FOR WRONGFUL USE AND OCCUPATION

The Plaintiff most respectfully submits as under:

  1. That the Plaintiff is the absolute owner and landlord of the property bearing No. 55B, Jangpura Extension, New Delhi – 110014 (hereinafter referred to as the “suit property”) by virtue of registered sale deed dated 10.01.2010.

  2. That the Plaintiff had let out the suit property to the Defendant on a monthly tenancy basis at a rent of ₹25,000/- per month exclusive of electricity and water charges, vide lease agreement dated 01.02.2020 for a period of 11 months.

  3. That the said tenancy expired by efflux of time on 31.12.2020 and no renewal was executed thereafter. The Defendant, however, continued to occupy the premises without the consent or permission of the Plaintiff.

  4. That the Plaintiff issued a legal notice dated 10.01.2021 terminating the tenancy and calling upon the Defendant to vacate and hand over peaceful possession of the suit property within 15 days of receipt thereof. The said notice was duly served upon the Defendant on 15.01.2021.

  5. That despite service of the legal notice, the Defendant has failed and neglected to vacate the suit premises and continues to unlawfully occupy the same till date.

  6. That from 01.01.2021 onwards, the Defendant is in wrongful and unauthorized possession of the suit property and is liable to pay damages for use and occupation at the rate of ₹50,000/- per month, which is the prevalent market rate for similar properties in the area.

  7. That the Defendant has failed to pay any rent or occupational charges from January 2021 and thus, is liable to pay damages amounting to ₹18,00,000/- (Rupees Eighteen Lakhs only) for the period from 01.01.2021 to 31.03.2024, and continuing damages at the rate of ₹50,000/- per month till handing over possession.

  8. That the cause of action first arose on 01.01.2021 when the tenancy expired and the Defendant continued in unlawful possession, and continues to subsist day by day till the suit property is vacated.

  9. That the suit property is situated within the territorial jurisdiction of this Hon’ble Court and the cause of action also arose here. Hence, this Hon’ble Court has jurisdiction to entertain and try the present suit.

  10. That the value of the suit for the purpose of court fee and jurisdiction is as under:

    1. For the relief of possession: ₹ [as per market value or rental value]

    2. For the relief of damages: ₹ 18,00,000/-

    The requisite court fee is affixed herewith.


PRAYER

In view of the above, the Plaintiff most respectfully prays that this Hon’ble Court may be pleased to:

  1. Pass a decree of ejectment in favour of the Plaintiff and against the Defendant directing the Defendant to vacate and hand over the peaceful possession of the suit property bearing No. 55B, Jangpura Extension, New Delhi – 110014;

  2. Pass a decree for damages for wrongful use and occupation of the suit premises amounting to ₹18,00,000/- along with future damages at the rate of ₹50,000/- per month till handing over of actual possession;

  3. Award interest on the aforesaid amount at the rate of 12% per annum from the date of institution of the suit till realization;

  4. Award cost of the present suit in favour of the Plaintiff; and

  5. Pass such other and further orders as may be deemed just and proper in the facts and circumstances of the case.


AND FOR THIS ACT OF KINDNESS, THE PLAINTIFF AS IN DUTY BOUND SHALL EVER PRAY.

Place: New Delhi

Date: 14.04.2025


(RAMESH KUMAR)

Plaintiff


Through Counsel:

[Name of Advocate]

[Enrollment No.]

[Office Address]

[Phone & Email]


VERIFICATION


I, Ramesh Kumar, the Plaintiff above-named, do hereby verify that the contents of paragraphs 1 to 10 of the Plaint are true and correct to my knowledge and belief and nothing material has been concealed therefrom.

Verified at New Delhi on this 14th day of April, 2025.


(RAMESH KUMAR)

Plaintiff