Civil

Plaint for Possession, Ejectment and Mesne Profits

A plaint for possession, ejectment, and mesne profits is the initiating pleading in a civil suit to recover immovable property from a tenant-holding-over or a trespasser. It seeks a decree for delivery of vacant possession, arrears of rent or damages, and future mesne profits until actual delivery.

This plaint is filed before the Civil Judge or District Judge of competent pecuniary jurisdiction. It is governed by the Code of Civil Procedure, 1908, specifically Order VII, and the substantive rights arise under the Transfer of Property Act, 1882.

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Governing law
CPC 1908 (Order VII) + Transfer of Property Act 1882 + Court Fees Act 1870 + Specific Relief Act 1963
Sections
s. TPA 106s. TPA 111s. CPC Order VII Rule 1s. CPC Order VI Rule 15s. Court Fees Act s.7
Filed before
Court of Civil Judge / District Judge

When this is the right filing

  • When a tenant continues in possession after the determination of the lease by efflux of time, forfeiture, or a valid notice to quit under Section 106 of the Transfer of Property Act.
  • When a licensee or trespasser occupies the property without lawful authority and refuses to vacate.
  • To claim mesne profits (damages for wrongful occupation) from the date of unlawful possession until delivery of vacant possession.
  • When the plaintiff seeks a decree for possession coupled with a claim for arrears of rent or past damages.
  • Do not use this plaint if the premises are governed by a State Rent Control Act; the remedy in that case is an eviction petition before the Rent Controller on a statutory ground.

What the court looks for

  • A description of the suit property sufficient to identify it, including boundaries, survey numbers, or municipal numbers as required by Order VII Rule 3 CPC.
  • A clear statement of the cause of action and the date on which it arose, as mandated by Order VII Rule 1(e) CPC.
  • Pleadings establishing the plaintiff's title and the defendant's unlawful possession, including the service of a valid notice to quit under Section 106 of the Transfer of Property Act where applicable.
  • A statement of the value of the suit for the purposes of jurisdiction and court fees, compliant with the applicable State amendments to the Court Fees Act.
  • A verification on knowledge and belief, specifying paragraph numbers, and a supporting affidavit as required under Order VI Rules 15 and 15A CPC.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Facts
  2. 2Schedule of property
  3. 3Grounds / submissions
  4. 4Prayer
  5. 5Verification
  6. 6Affidavit in support of the plaint
  7. 7Index / list of documents
How it opens
1. That the Plaintiff is the absolute owner and in lawful possession of the immovable property more particularly described in the Schedule of Property annexed hereto (hereinafter the "suit property"), having acquired the same by virtue of [title source]. A true copy of the document of title is filed herewith as Annexure A-1.

Bracketed items are filled from your case.

Frequently asked questions

Is a notice under Section 106 of the Transfer of Property Act mandatory before filing this suit?

Yes, if the defendant is a tenant whose lease is being determined. A valid notice to quit under Section 106 TPA is a condition precedent to filing a suit for ejectment against a tenant-holding-over. The notice must be filed as an annexure to the plaint.

How is the court fee calculated for a suit claiming possession and mesne profits?

The court fee on the possession claim is typically computed on the market value of the property under Section 7(v) of the Court Fees Act. For mesne profits, the fee is paid on the amount claimed up to the date of the suit, and the court may pass a final decree for future mesne profits upon payment of the deficit court fee under Order XX Rule 12 CPC.

What is the difference between this civil suit and an eviction petition under a Rent Control Act?

This civil suit is filed under the Transfer of Property Act in a civil court for properties not governed by a State Rent Control Act. If the premises fall within the ambit of a Rent Control Act, the landlord must file an eviction petition before the designated Rent Controller, strictly on the grounds specified in that Act, and not a civil suit.

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