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GUIDELINE

Guidelines for Drafting a Suit for Ejectment and Mesne Profits on Expiry of the Term of Tenancy:

Purpose: A Suit for Ejectment and Mesne Profits is used when a landlord seeks to regain possession of a property after the expiry of the term of tenancy and also claim compensation for the use and occupation of the property beyond the lease period. Here's how to draft it:

Title and Parties: Begin with a clear title, such as "Suit for Ejectment and Mesne Profits." Identify the plaintiff (landlord) and the defendant (tenant) by providing their complete details.

Property Description: Accurately describe the property, including its address, dimensions, and any specific details relevant to the case.

Lease Details: Provide information about the lease, including its duration, terms, and the date of expiry.

Notice: Ensure that you have provided the tenant with a proper notice of termination or non-renewal of the lease as required by local laws.

Ejectment Claim: State the grounds for ejectment, which may include the expiry of the lease term or any other valid reasons under local tenancy laws.

Mesne Profits Claim: Specify the mesne profits claimed, which are compensation for the tenant's use and occupation of the property beyond the lease period.

Common Mistakes to Avoid:

Inadequate Notice: Comply with notice requirements for lease termination or non-renewal as per local laws and the lease agreement.

Unclear Grounds for Ejectment: Clearly state the legal basis for ejectment and provide evidence to support your claim.

Incorrect Mesne Profits Calculation: Accurately calculate the mesne profits claim, considering factors like rent, damages, and any other applicable costs.

Ignoring Response Deadlines: Be aware of response deadlines for the tenant and follow up if necessary.

Lack of Legal Counsel: Seek legal advice to ensure proper drafting and filing of the suit and compliance with all legal procedures.

A Suit for Ejectment and Mesne Profits is essential for landlords seeking to regain possession of their property after the expiry of a lease term and claim compensation for the tenant's extended use. Legal consultation can help build a strong case, navigate complexities, and increase the likelihood of a successful outcome.

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