IN THE COURT OF CIVIL JUDGE( JUNIOR DIVISION) MALERKOTLA

JASPAL SINGH VS CHARAN SINGH

CIVIL SUIT

Written Statement

Affidavit

I, Charan singh aged about years S/o Piara Sing resident of Village

pharwali Tehsil Ahmedgarh district Malerkotla do hereby solemnly affirm

and declare as under:-

1. That the contents of the written statement be read as part this affidavit.

2. That the contents of the written statement have been read and

explained to me and my son Manpreet Singh defendant no.2. in simple

Punjabi I further verify that the contents of plaint, application affidavit and

along prayer clause are true and correct to the best of my knowledge.

Deponent

Verification

I, do hereby verify that the contents of the affidavit are true and correct to

the best of my knowledge. Verified at Malerkotla on 21/07/2023

Deponent
IN THE COURT OF CIVIL JUDGE( JUNIOR DIVISION) MALERKOTLA
JASPAL SINGH VS CHARAN SINGH
CIVIL SUIT
REPLY OF APPLICATION U/O 39 RULE 1 AND 2 CPC
Sir,
The Defendants Submits Reply as under :-

1. That the plaintiff has filed present suit on ground of false facts which is
liable to dismissed with cost. Affidavit is not as per law.

2. That the contents of the written statement read as part this reply.

3. That in replay of para no.3 of the application is that defendant no.3

Charan singh has purchase plot/property area measuring 8/1/3 marle and 6
marle along with disputed street vide sale deeds dated 20/12/2001 and
26/12/2002. It is wrong and denied that the plaintiff is exclusive owner in
possession of extent alleged share of property. It is wrong and denied that
the alleged disputed street is not a private street. It is also mention in sale
deed no. 1811 dated 08/01/2004 is that the disputed street is a joint street
and use only for ingress and outgress and not making any
construction/encroachment open disputed street . so, the alleged disputed
is not a private street. It is joint street between the parties. No body has a
right to merge in his property or making any construction/encroachment
open it. But the plaintiff also try to merge the disputed joint street in his
property and also want encroachment open the joint disputed street
illegally, forcibly and without due course of law. Which has no legal right to
do so. Both the parties are only a right to used the disputed joint street for
ingress and outgress to their houses. Rest of para is wrong and denied and
matter of record.

More over , about in the years 2013-14, the Grampanchyat passed a

resolution regarding the constructions of the streets of the village. There
after the Grampanchyat of village also constructed the disputed street. On
dated 25-11-2021 the Grampanchyat also passed a resolution regarding
the constructions of the streets of the village and the Grampanchyat again
constructed the disputed street with lock bricks But before filing of present
suit , the plaintiff demolished the disputed street. After construction of the
joint disputed street by the Grampanchyat, the nature of the joint disputed
street will be changed and the disputed joint street merge in a public
street. So, it is a public street and not a private street . so the plaintiff has
no legal right to file the present suit. The plaintiff not filed the present suit
against the proper parties which is necessary. So the present suit is liable to
be dismissed on this ground. The plaintiff is not in a capacity to file the
present suit. The suit of plaintiff is not legaly maintainable which is liable to
be dismissed with cost. It is mention here that defendants also informed
the matter to the police, Grampanchyat of village and other officers
regarding the demolished the disputed street by the plaintiff but till then
no action will be taken against the plaintiff. The Grampanchyat of village is
connivance with the plaintiff and the Grampanchyat of village also in favour
of the plaintiff.

4. Para no.4 of the application is wrong and denied. The sale deed is matter
of record. Detail reply given above

5. Para no.5 of the application is wrong and denied. Jamabandi is a matter

record and a revenue record. Detail reply given above.

6. Para no.6 of the application is wrong and denied. Detail reply given
above. site plan Mark-X is not as per spot.

7. Para no.7 of the application is wrong and denied. Detail replay given
above. It is matter of record the house of the defendants adjoins to the
private street towards northern side.

8. Para no.8 of the application is wrong and denied. The plaintiff has no
legal right to file the present suit. Detail reply given above.
9. Para no.9 of the application is wrong and denied. Detail reply given
above.

10. Para no.10 of the application is wrong and denied. The Grampanchyat
is not in a legal capacity to decide the above said matter. The Hon’ble court
has the jurisdiction to decide the present above said matter. The
Grampanchyat has no legal right to issue the letter pad regarding the above
said matter. The Grampanchyat misuse the letter pad. Detail reply given
above.

11. Para no.11 of the application is wrong and denied. So, the plaintiff has
no legal right to file the present suit. The plaintiff not filed the present suit
against the proper parties which is necessary. So the present suit is liable to
be dismissed on this ground. The plaintiff is not in a capacity to file the
present suit. The suit of plaintiff is not legaly maintainable which is liable to
be dismissed with cost. The plaintiff has no legal right to alleged requested
to the defendants. The cause of action not arised. Detail reply given above.

12. That the plaintiff shall not suffer any loss.

13. That not a Strong prima facie case is made out in favour of plaintiff.

14. That balance of convenience not lies in favour of the plaintiff. and the
present application is not bonefide one and is a malafide one.

The prayer of the application is wrong and denied and dismissed with cost.

It is, thus, prayed that the application of the plaintiff may kindly dismissed
with cost on the grounds of above said facts.

Dated – 21/07/2023

Submitted by

Charan singh S/o Piara

SinghManpreet S/o Charan
Singhboth residents of Village
pharwali Tehsil Ahmedgarh
district Malerkotla