CONTROLLER COIMBATORE [CD1]
IN THE
MATTER OF:
Petitioner
Versus
Respondent
Reply
to the petition filed Under Section 14 of T.N. Urban Rent Control Act, 1987, on
behalf of the respondent
Respectfully
Sheweth:
Preliminary
Objections:
1.
That
the petition is not maintainable in view of the fact that the same has been
filed with malafide intention to get the respondent harassed and as such, the
same is liable to be dismissed.
2.
That
the present petition is barred by the principle of
___________________resjudicata as the matter in controversy in the present
petition as well as in earlier petition on the ground of acquisition of
residential accommodation by the _____ ______________________________
3.
That
the petitioner is stopped to file the present petition on his own act,
conducts, lapses, omission, commission, acquiescence and deed etc. Hence the
petition is liable to be dismissed.
4.
That
the petitioner has withheld material fact regarding __________________filing of
earlier eviction petition on the same and similar grounds regarding the same
premises from the Hon'ble Court and hence, the petition is also liable to be
dismissed on the score alone with exemplary costs.
5.
That
the petitioner has no cause of action and as such, the petition is liable to be
dismissed. On Merits:
1.
That
the contents of para 1 of the petition _____________________are has not been
filled in as required under law. The petitioner has not given the Municipal No.
of the premises as required under the law.
2.
That
the contents
of paras
2 to
4 of
the petition
need no
comments.
3.
That
the contents of para 5 of the petition are admitted to the extent that the
respondent and his family members are occupying the demised premises and rest
of the contents of para being wrong hence, categorically denied in to. It is
specifically denied that the respondent has ___________acquired a vacant
residence in the name of his _____
4.
That
the para 6 of the petition need no comments.
5.
That
the contents of 7 of the petition are not denied. __
6.
That
the contents of para 8 of the petition are wrong hence denied. It is further
submitted that the tenancy of the respondent consists of_____________ _____two
rooms kitchen, bath room and latrine exclusively with common balcony and
entrance
7.
That
the contents
of para
9 and
10 of
the petition
need no
comments.
8.
That
the contents of para 11 to 17 of the petition need no comments. However, it is
submitted that after the original agreement was executed there was another
compromise /agreement between the parties.
9.
That
the contents of para 18 (a) of the petition are _________________admitted to
the extent that the wife of the petitioner has purchased a residential set at
_________________. Rest of the contents of the para of the corresponding para
of the petition being wrong and hence emphatically denied in toto. It is
specifically denied that the respondent has any control over the premises
acquired by the replying respondent. It is further submitted that the premises
which has been purchased by the wife of the respondent is in actual possession
of the tenant who was inducted by the previous owner of the premises. It is
also further submitted that after the purchase of the premises, the wife of the
respondent had filed eviction petition against him but, she has lost in that
litigation. It is further submitted that the contents of para 18 (a) (i) of the
petition are vague and general. The petitioner has miserably failed to given
the actual description of the area of the flat and filed the plan of the
premises.
10.
That
the contents of para 18 (a) (ii) of the petition are wrong and hence
categorically denied in toto. _______It is specifically denied that the
replying respondent is arrears of rent w.e.f ____________. It is further
submitted that the respondent has deposited the rent up to ______ with the
______ in case No . ______ titled as ______. It is further submitted that even
thereafter the petitioner had requested the petitioner to receive rent in cash
and issue proper receipt so that he may keep proper accounts and able to get
the benefit of income tax for the payment of the same. It is also submitted
that the respondent had written letter to the petitioner for the disclosing of
his saving bank account so that the respondent may deposit the rent for the
concern month in the account without any delay and which may also facilitate
the replying respondent to avoid hardship in making of the payment of the rent.
The respondent is still having sufficient amount to pay the rent for the month
of ______. It is further submitted that the replying respondent has over paid a
sum of Rs __________/- to the petitioner regarding the rent in previous
litigation.
11.
That
the contents
of para
18 (b)
of the
petition need no comments.
It
is, therefore, most respectfully prayed that the present petition of the
petitioner may kindly be dismissed with costs in the interest of justice and
fair play.
Coimbatore
Respondent
______
Through,
Advocate
I,
the above named respondent do hereby verify that the contents of paras 1 to 18
of the reply to the petition are true and correct to the best of my knowledge
and belief. No part of it is false and nothing material has been concealed
therefrom.
Verified
here at Coimbatore on this the ______.
Respondent
0 Comments
Thank you for your response. It will help us to improve in the future.