Written statement of the defendant-tenant in an eviction suit

Written statement of the defendant-tenant in an eviction suit

Draft

Written statement of the defendant-tenant in an eviction suit

IN THE COURT OF THE SMALL CAUSES JUDGE,
Civil Suit No./—————– 200_

Shri___________L___N___D___ _ Plaintiff

Versus

Shri__________T__N___T___ _ Defendant

AWRITTENSTATEMENTOF 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.

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 –

(A)The suit of the plaintiff be kindly dismissed with costs;
(B)The costs of this defendant, be awarded from the plaintiff; and
(C)Any other orders in the interest of justice be kindly passed.

Mumbai, Sd/- TNT
Dated: .. DEFENDANT
Sd/-xXx
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

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