WRITTEN STATEMENT ON BEHALF OF DEFENDANT IN DECLARATION SUIT

        IN THE COURT OF HON’BLE CIVIL JUDGE, _________ 

V                        Versus                   R

SUIT FOR PERMANENT INJUNCTION

WRITTEN STATEMENT ON BEHALF OF DEFENDANT

RESPECTFULLY SHOWETH:-

PRELIMINARY OBJECTIONS:-

1-            That the instant suit filed by the plaintiff is not maintainable in the eyes of law against the answering defendant.

2-           That the plaintiff has no cause of action for filing the present suit against the answering defendant, if any, mentioned in plaint then is false & made-up.

3-            That the plaintiff has no locus-standie for filing the suit as the plaintiff had entered into an agreement to sell in respect of suit property with the answering defendant on 29-11-2011 for a total sale consideration of Rs. 1,80,000/- and the plaintiff has executed an agreement to sell-cum-receipt in favour of the answering defendant. The plaintiff had received an amount of Rs. 1,00,000/- in cash from the answering defendant in presence of witnesses. The plaintiff, answering defendant and witnesses put their respective signatures upon the agreement to sell-cum-receipt on 29-11-2011. As per the terms of agreement to sell the remaining payment will be given by the answering defendant to the plaintiff within 11 months from the date of execution of agreement to sell. The plaintiff handed over the ground floor of suit property to the answering defendant and since then the answering defendant is enjoying the possession of the suit property. As per terms of agreement dated 29-11-2011, the answering defendant requested the plaintiff to receive the balance amount of Rs. 80,000/- from the answering defendant and to deliver the full possession of the suit property and also execute the necessary document in favour of the answering defendant, but the plaintiff always avoided the matter on one pretext or the other.

The plaintiff intentionally, deliberately instead to handover the full possession of the suit property to the answering defendant and to execute the necessary documents for transferring the ownership after receipt of balance sale consideration in favour of the answering defendant, he filed the present false suit.

4-            That the suit of the plaintiff is not properly valued for its valued.          

5-            That the answering defendant is entitled to special cost U/s 35-A C.P.C. to the tune of Rs. 20,000/- from the plaintiff. 

REPLY PARAWISE ON MERIT: 

1.    That the contents & averments of para No. 1 of the plaint are admitted that the plaintiff is owner of the suit property. It is denied that the suit property is under the possession of plaintiff. It is submitted that the ground floor of the suit land is under the possession of the answering defendant.

2.    That the contents and averments of para No. 2 of the plaint are wrong, false, fabricated, hence, denied. It is submitted that all the story mentioned in this para are far from the truth and on the basis of imagination, the real facts are that the plaintiff entered into an agreement to sell for selling the suit property with the defendant and executed an agreement to sell  and the plaintiff had put his signatures upon the agreement to sell dated 29-11-2011 after receiving an amount of Rs. 1,00,000/- in presence of witnesses. It is pertinent to mention here that the plaintiff also handed over the possession of ground floor of the suit property with a promise that the plaintiff also execute the document for transferring the suit land in favour of the defendant after receipt of balance sale consideration of Rs. 80,000/-.

3.    That the contents and averments of para No. 3 of the plaint are wrong, false, fabricated, hence, denied. It is submitted that the plaintiff made a false story only to grab the advance amount of agreement of Rs. 1 lac. It is further submitted that the plaintiff has bad intention and he is not ready to fulfill the condition of agreement in question.

4.    That the contents and averments of para No. 4 of the plaint are wrong, false, fabricated, hence, denied. It is submitted that the defendant already residing in the ground floor of the suit property.

5.    That the contents and averments of para No. 5 of the plaint are wrong & denied.

6.    That the contents and averments of para No. 6 of the plaint are wrong, false, fabricated, hence, denied. Detailed reply already been given in preliminary objection and the same may kindly be read as reply of this para.

7.    That the contents and averments of para No. 7 of the plaint are legal.

8.    That the contents and averments of para No. 8 of the plaint are denied for want of knowledge.

9.    That the contents and averments of para No. 9 of the plaint are wrong and denied.

REPLY TO PRAYER PARA:

10.                  That each & every contents & averments of prayer para of the plaint–suit are vehemently and specifically wrong and denied for the reasons and submissions mentioned in preliminary objections and reply parawise on merits of this written Statement.

It is, therefore, prayed that the suit of the plaintiff may kindly be dismissed with special costs U/s 35-A of C.P.C., in the interest of justice.

Answering defendant

                          

VERIFICATION:-

               Verified that the contents & averments of this written Statement have been read over and explained to me by my engaged counsel in Hindi, same have been understood by me and are true and correct to the best of my knowledge and belief. Nothing has been concealed therein.

Verified at