Written statement of the defendant-tenant in an eviction suit
IN THE COURT OF THE SMALL CAUSES JUDGE, [CD1]
Civil
Suit No./----------------- 200_
Shri ________ __L __ N __ D __ _
Plaintiff
Versus
Shri ________
T _ N _ T __ _ Defendant
A WRITTEN STATEMENT OF
THE DEFENDANT
The defendant
above-named submits this statement, praying to state as follows:
1. That
the contents of para 1 of the plaint are true and correct, and hence, admitted
by this defendant.
2. That
the contents of para 2 of the plaint are likewise true and correct, and hence,
call for no comments.
3. That
the contents of para 3 of the plaint are partially true and partially false,
and the defendant submits that the said amount of rent is Rs, 150/- is
inclusive of all other charges and taxes.
4. That
the contents of para 4 of the plaint are baseless, false and frivolous, and
while denying the same, this defendant submits that the defendant time and
again offered the amounts of rent to the plaintiff, but it was the plaintiff
alone who refused to accept the same.
5. That
with respect to the remaining contents of the said para 4 of the plaint, this
defendant also submits for the kind consideration of this Hon'ble Court that
the defendant has so far sent to the plaintiff as many as six money orders
which were refused by the plaintiff, and hence, the defendant committed no
default on that count.
6. That
the contents of para 5 of the plaint are denied by this defendant, and this
defendant submits that the plaintiff be put to the strict proof of the same.
7. That
the contents of para 6 of the plaint amount to a sheer piece of fabrication on
the part of the plaintiff, and this defendant brings to the kind notice of this
Hon'ble Court that it is the plaintiff alone, and not this defendant, who has
constructed a big bungalow at Kothrud, and since he himself shifted his own
residence there for the last more than three years, he has never turned up even
to collect the rent of the suit property or to pay a visit to the premises in
his own possession there, and, thus,
the plaintiff does not require any premises, much the less the suit
premises.
8. That
the contents of para 7 of the plaint are misleading, and the particulars of
money claim are wrongly calculated.
9. That
the contents of para 8 of the plaint to the effect that the suit premises were
taken for the purpose of running dispensary but subsequently, the defendant
changed the user thereof by converting the same for residence of his family are
wrong and misleading, and this defendant submits that the said premises were
taken only for the purpose of residence and no other use.
10. That the
defendant furthermore submits that there was no cause of action for the
plaintiff to file the present suit against the defendant.
11. That the
defendant also submits for the kind and sympathetic consideration of this
Hon'ble Court the very fact that the plaintiff has malicious plans and designs
to make money by disposing of the suit property, and hence, he has been trying
to make out a false case.
12. That the
defendant, therefore, prays that -
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(A)The suit of the plaintiff be kindly dismissed with
costs; (B)The costs of this
defendant, be awarded from the plaintiff; and |
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(C)Any
other orders in the interest of justice be kindly passed. |
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Mumbai, |
Sd/- TNT |
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Dated: Sd/- xXx |
..
DEFENDANT |
ADVOCATE FOR DEFENDANT
VERIFICATION
I, Shri TNT, the present opponent, do hereby
state on solemn affirmation that the contents of this statement in paras 1 to
11 are true and correct to the best of my knowledge and belief, so I have
signed hereunder.
Sd/- TNT
DEFENDANT
[CD1]Written statement of the defendant-tenant in an eviction suit IN THE
COURT OF THE SMALL CAUSES JUDGE,
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