IN THE COURT OF THE SMALL CAUSES AT BENGALURU
S.C. No. /2020
Mr.SOHAN,
S/o.Xyz,
Aged about 32 years, Residing at No.00
Bengaluru-000 000.
………….PLAINTIFF
-Vs.-
Mr.ROHAN,
S/o.Abc,
Aged about 32 years, Residing at No.00,
Bengaluru-000 000.
…………DEFENDANT
WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT TO THE SUIT FILED
BY THE PLAINTIFF.
MOST RESPECTFULLY SHOWETH:-
The Defendant above named respectfully submits as follows:
PRELIMINARY OBJECTIONS:-
1. That at the outset itself, the defendant denies each and every allegations
levelled by the plaintiff against the defendant in the present suit. The plaintiff
has filed the present suit against the defendant with malafide intentions and
ulterior motive. The allegations levelled by the plaintiff in the present suit are
completely false and frivolous and the same are merely made with the
intention to harass the defendant.
2. The allegations made by plaintiff in its plaint are denied as false. The plaintiff
has not approached this Hon’ble court with clean hands. The plaintiff has with
malafide intentions concealed various material facts and information from this
Hon’ble court and only presented the facts that are favourable to their case.
3. That the instant suit being devoid of any cause of action against the defendant
and its liable to be dismissed with punitive costs. It is submitted that the suit is
misconceived and is based on suppression and incorrect facts and on this
ground alone the suit is liable to be dismissed.
PARA WISE REPLY:
PARA 1 – The contends of the corresponding para of the plaint do not require any
reply as the same does not concern the defendants and are beyond the knowledge
of the defendant.
PARA 2 – The contends of the corresponding para of the plaint are true and correct.
PARA 3 - The contends of the corresponding para of the plaint are true and
admitted.
PARA 4 - The contends of the corresponding para of the plaint are denied as false
and plaintiff strict proof of the same. It is hereby submitted that the defendant has
paid Rs.25,000/- back to plaintiff on 1 st March 2018 and requested the plaintiff to
extend the date of the final payment for the remaining amount. The copy of the
receipts signed from the accountant of plaintiff is annexed herewith and marked as
Annexue-D1
PARA 5 - The contends of the corresponding para of the plaint are specifically
denied as false and plaintiff is put to strict proof of the same. It is hereby submitted
that defendant has paid 25,000/- to plaintiff on 15 th February2019 and defendant
continuously paying the interest to plaintiff. The copy of receipts signed by the
accountant of plaintiff is annexed herewith and marked as Annexure-D2. It is further
submitted that the accountant has been authorized by the plaintiff to receive amount
on behalf of plaintiff.
PARA 6- The calculation of the corresponding para of the plaint are is not correct
and denied as false. It is hereby submitted that the defendant is entitled to set off the
amount of Rs.50,000/- which is paid back to plaintiff out of Principal amount of
Rs.1,00,000/- as claimed by the plaintiff in the plaint.
PARA 7- The contends of the corresponding para of the plaint are denied as false.
No cause of action aroused in favour of the plaintiff and against the defendant in the
present suit and the present suit filed by the plaintiff is liable to be dismissed for want
of cause of action.
PARA 8 AND 9 - The contends of the corresponding para of the plaint are denied as
false. The plaintiff is put to strict proof of the same.
PARA 10 - The contends of the corresponding para of the plaint does not require ant
reply as the same is legal para regarding the court fee paid and valuation of the suit.
PARA 11 - The contends of the corresponding para of the plaint are denied as false
and plaintiff is put to strict proof of the same.
PRAYER
Hence, it is most respectfully and humbly prayed that this Hon’ble court may be
pleased to:
a). Dismiss the suit filed by the plaintiff on the grounds brought out in the written
statement as the plaintiff is not entitled to any relief as claimed in the prayer clause
of the plaint.
b). Impose exemplary costs upon the plaintiff for abusing the process of this Hon’ble
court and wasting the precious time of this Hon’ble court by filling the present
frivolous litigation.
c). Award the costs of the present case in favour of the defendant.
d). any other or further order which this Hon’ble court may deem fit in the interest of
justice and equity.
VERIFICATION
I, Sri Rohan , do hereby declare that the contents of written statemen are true and
correct to the best of my knowledge and belief, and rest of the Paras are on the
basis of information and legal advice and verified on this the 21 st day of April, 2019 at
---- Bengaluru .
BENGALURU,
DATE: PLAINTIFF
AFFIDAVIT
I, Rohan s/o , aged about , by faith- ,by occupation-
, residing at , do hereby solemnly affirm and state as under:
1. That I am aware of the facts and circumstances of the present matter and am
competent to affirm this Affidavit.
2. That I have read a copy of the Plaint along with the annexures attached thereto
and I verify the contents to be true and correct and nothing has been concealed
therein.
3. That the written statement and annexures attached thereto are true copies of the
original,
wherever copies have been filed.
DEPONENT
THROUGH
ADVOCATE FOR DEPONENT
DATED
PLACE
Exercise-2
1.
PRAYER
WHERFORE, the plaintiff prays that this Hon’ble court may be pleased to pass a
judgment and decree:
a. For partition of the Schedule properties into two equal halves with reference to
the good and bad qualities and delivery of possession of one such share to
the plaintiff.
b. For recovery of amount of Rs…. From the Defendant towards his share of the
profits derived from the plaint schedule property for ….. years.
c. For an enquiry into the mesne profits.
d. Award the costs of the suit
e. Grant such other reliefs as may deem fit by this Hon’ble court in the interest of
justice and equity.
ADVOCATE FOR PLAINTIFF PLAINTIFF
2.
PRAYER
WHERFORE, the plaintiff prays that this Hon’ble court may be pleased to pass a
judgment and decree:
i) Ejectment of defendant from the schedule property, directing the
defendant to quit, vacate, and deliver vacant possession of the
schedule property to the plaintiff.
ii) Directing to the defendant to pay arrears of rent from ….. to…..
iii) For mesne profits at the rate of Rs.----/-p.m from the date of termination
of tenancy that is from …….. till the date of delivery of vacant
possession of the schedule property to the plaintiff.
iv) Award the costs of the suit
v) Grant such other reliefs as may deem fit by this Hon’ble court in the
interest of justice and equity.
ADVOCATE FOR PLAINTIFF PLAINTIFF
