IN THE COURT OF SH.

AJAY KUMAR MALIK, JSCC-CUM-ASCJ,

DWARKA COURTS, NEW DELHI

C.S. NO.427749/2016

IN THE MATTER OF:

DHARMENDER KUMAR …PLAINTIFF

VERSUS

SUMAN & ANR. …DEFENDANTS

EVIDENCE BY WAY OF AFFIDAVIT ON

BEHALF OF DEFENDANT NO.1/DW-1

I, Suman, W/o Sh. Radhey Shyam, Aged __ years, R/o Vpo-

Pandwala Kalan N.D, PS Chawwla, Dist South West, New Delhi, do

hereby solemnly affirm and declare as under:

1. I say that I am the defendant No.1 in the above noted matter

and am well conversant with the facts and circumstances of the

case and hence competent to swear.

2. I say further that the defendant no 1 is a widow daughter in

law, defendant no 2 is granddaughter defendant no 3 and 4 are

sons of defendant no 5 and defendant no 6 and 7 are the

relatives . it is pertinent to mention here that the defendant no 5

6 and 7 are not residing here and no cause of action had ever
 arose against the defendants no 5 6 and 7 and their name have

only been inserted in the present suit just to harass and

humiliate the defendants and tried to infected the cordial

relations with the other defendants and also tried to threatening

indirectly by impleading them in the present suit without any

cause of action , rhyme and reason.

3. I say further that the plaintiff and defendant no. 1 to 5 are the

family members and co shares of their ancestral property and

having their respective shares. Defendants are poor and law

abiding citizens and never tried to hurdle the others life, in fact

it is the plaintiff who always try to make nuisance and hurdle in

the life of defendants by one way or other. Defendants have

made so many complaints to the concerned police official in this

regard and even coercive action has also been taken against the

plaintiff but being the family members defendants also tried to

settle their grievances amicably.

4. I say further that plaintiff had filed the present suit against the

defendants just have to save his bad and malafide intentions

against the defendants and wants to take advantage from this

Hon’ble court as plaintiff has installed CCTV cameras in the

common gali shown in the site plan with ulterior motives and

malafide intentions as the said camera is being focused in the

 house of the defendants no.1 to 5 and can capture images or

videos of the privacy of the defendants and when defendants

objected to do so and requested to plaintiff that the focus of the

said cameras be shifted on the other side in the gali but plaintiff

got adamant and threatened the defendants that the same will

be installed there only. Thereafter defendants approached and

requested the other family members and relatives for the illegal

activities of plaintiff and to save their privacy in their house. The

elder family members and relatives had also requested the

plaintiff not to do any such activity by focusing the camera over

and in the house of defendants but all in vain. Plaintiff filed the

present suit just to execute his ulterior motives and malafide

intentions against the defendants. Since the suit is now before

this Hon’ble court and it is the duty of Hon’ble court that at this

stage only Hon’ble court has to consider the prima facie cause of

action and preliminary issues weather the relief sought in the

suit is maintainable or not and prima facie cause of action had

ever arose against the defendants or not.

5. I say further that as per the site plan and photographs filed by

the plaintiff clearly shows itself that construction of the building

of the plaintiff has already been completed and suit property is

admittedly share of plaintiff and defendants have no objection

or any interfere in the suit property, but it is the plaintiff who

 encroached the area of the common gali shown in the map by

illegally extending the lantern/chhajja in the common gali

without any right and without consent of the other sharers of

the said common gali. It shows the ulterior motive and malafide

intentions of the plaintiff as why the plaintiff has filed the suit

against the defendant s because plaintiff as why the plaintiff

has filed the suit against the defendants to implead them in a

false case.

6. I say further that the plaintiff also wants to take advantage by

filling the present suit that after filling the suit if defendants will

make any complaint to police or any authority against the

plaintiff for his illegal acts then the plaintiff will try to save

7. I say further that the suit of the plaintiff is totally false,

fabricated and vexatious.

8. I say further that keeping in view of the above said facts and

circumstances, the suit of the plaintiff be dismissed with

exemplary cost.

DEPONENT
VERIFICATION:

Verified at New Delhi on this _____ day of October, 2022 that the

contents of above affidavit are true and correct to my knowledge and

nothing has been concealed therefrom.

DEPONENT