WRITTEN STATEMENT BY TENANT IN EVICTION SUIT

IN THE COURT OF JUDICIAL MAGISTRATE ,  _________

Civil Suit_No. _____ / 200_

____________________________________ Plaintiff 

Versus

____________________________________ 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. much the less the less the suit premises. That the contents of para 7 of the plaint are misleading, and the particulars of money claim are wrongly calculated.
8. 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. That the defendant furthermore submits that there was no cause of action for the plaintiff to file the present suit against the defendant.
9. 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.
10. That the defendant, therefore, prays that-
11. The suit of the plaintiff be kindly dismissed with costs;
12. The costs of this defendant be awarded from the plaintiff; and
13. Any other orders in the interest of justice be kindly passed.

 

Sd/_

DEFENDANT

 

Sd/_

 ADVOCATE FOR DEFENDANT

 

VERIFICATION

I, Shri 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/_

 

DEFENDANT

AFFIDAVIT

In the Court of _______________________________

 

Petitioner:____________________________ 

                                   Versus

Respondent:____________________________ 

That I am the defendant in the present case and I am well conversant with the facts and circumstances of the case, hence competent to file this affidavit.

That, I am making a statement before this Hon’ble Court. The contents of the application have been read over, translated and explained to me in Hindi and in English also. The content of the application related to the facts are true from my personal knowledge and that related to law are true to the information received by me from my advocate, which I believe to be true and this affidavit is sworn in support thereof. Nothing contained therein is false and nothing has been concealed.

 

Place:                                                                                 (Signature)

__________________                                                                          

Date:                                                                                   Deponent

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