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