W s with plaint

Guest (Querist) 09 April 2012 This query is : Resolved
dear expert i have drafted a writen statement of the defenadnt and sending you the same with palint copy and also with the copy of police complain please see the attchment and guide me that i have drafted prpopely or not i futher tell you that plaitiff is filed a absoultely false plaint amd so may criminal cases are pending against him i have the no of that case also and i cand collect the copy of the case also from court.

WRITTEN STATEMENT OF THE DEFENDANTS
IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION)
AT KALYAN, THANE
Spl. Suit No.
…….. Defendants

WRITTEN STATEMENT OF THE DEFENDANTS

As mentioned in Para No 1of the plaint property is the property of defendant hence it is false to say that the same is the property of plaintiff.
As said in Para 2 of the plaint is partially true and partially false hence it is true that the the property mentioned in the para 1 of the plaint was pledged with the canara bank, Ambernath branch as defendant no 1had taken loan from the said Bank but it is false to say that the defendants was under the burden of the said loan hence they decided to sell the property , to the plaintiff and made a purchase deed on 09/03/1999 this defendant deny and do not admit the same and while denying the same defendant humbly submits that the purchase deed which plaintiff produce before the honble court is a totally forged document as defendant has not made any purchase deed , defendant sates that she was decided to sell her property as in 1997 she was suffering with some financial loss and plaintiff approached to the defendant for purchase of the defendant property and selling price was fixed Rs 7,00,000 with clearance of the loan amount of Rs 1,36,000 with interest to the concerned bank and that was all decided verbally not written ,and plaintiff given Rs 50000 as a token amount and that 50000 also he paid in small small installment and after paying the said 50000 plaintiff did not paid a single penny to defendant and also not paid the loan of defendant and whenever defendant asked him for the balance amount he showed his negative attitude to pay the balance amount , hence defendant decided not to sell her property to the plaintiff and token amount which she received from the plaintiff repay to the plaintiff with more Rs 50000 by post dated cheque No 57565757 of Navjeevan Co Op Bank and the same was happily accepted by the plaintiff .
As said in Para 3 of the plaint it is false to say that defendant had given the possession of the property to the plaintiff on the day of the agreement was signed and from then the said property is in the possession of the plaintiff hence defendant deny and do not admit the same and while denying the same defendant humbly submits that she has neither made any agreement nor signed and also not given the possession of the claim property to the plaintiff in fact the said property is in her possession and she is residing on the property with her family as she is the owner of the said property and she has the property document of the claim property the copy of the said agreement is produced for kind perusal of Honble Court as Annexure.____
As said in Para 4 of the plaint partially true and partially false hence it is false to say that the defendant by taking the amount mentioned in Para 4 of the plaint given the receipt in writing defendant humbly submits that she has not given any receipt to the plaintiff and states it is true that she received Rs 10000 but that also she took from the plaintiff as a loan as she was in financial trouble other and this vital information plaintiff Suppress from the Hon’ble Court hence plaintiff is a guilty of suppressing vital information from the Honble Court the payment details mentioned in para 4 other that Rs 10,000 is absolutely wrong and defendant has not received the same from plaintiff hence for that payment plaintiff has not mentioned the cheque no , and bank name in the plaint hence defendant put the plaintiff to strict proof thereof .
As said in the Para 5 of the plaint it is false to say that the possession of the claim property was taken by the plaintiff on 09/03/1999 and he started using the said place by constructing on the said land 1000 square foot house and 2400 square foot farm house and the house assessment has been done by Grampanchayat Karav, for which Plaintiff has paid the tax from 1999 hence defendant deny and do not admit the same and while denying the same defendant humbly submits that the claim property is in her possession and she is residing there in her house with her family since ,and tax related to the property is paid by her only not by the plaintiff thereof the copy of the tax receipt paid by the defendant is produced for kind perusal of Hon’ble Court as Annexure-_
As said in the Para 6 of the plaint misleading false, baseless and frivolous hence defendants deny and do not admit the same and put the plaintiff to strict proof thereof .
As said in the Para 7 of the plaint is partially true and partially false hence it is false to say that the plaintiff has constructed a house to stay on the claim property and resided in the same with his family it is also false to say that in the year 2009 the defendant with the help of her husband broken the lock of the claim property and stolen the plaintiff house hold article of Rs 5,00,000 it is true that defendants signed the one compromise agreement in the police station but they signed the same as police forced them to do the same defendants humbly submits that actually plaintiff with the help of his sons tress pass in the night on the claim property when defendants and their family was not present there and stolen defendant valuable items of Rs. 2 to 2.5 Lakhs by breaking the lock of the claim property for that defendant lodged the police complaint against the plaintiff and his 3 sons named ___________in Khudgaon police station on _______29/06/2009, in kulgaon police station Ambernath and also lodge a police complaint on 01/07/2011 through advocate the copy of the said police complaints is produced for kind perusal of Hon’ble Court as Annexure___
As said in the para 8 and 9 of the plaint it is false to say that defendant since 10/09/2009 encroached on the claim property and taken the illegal possession of the same hence defendant deny and do not admit the same and while denying the same defendant humbly submits that the claim property is the property of herself and she in the legal owner of the same property hence no question arise of trespass by her hence plaintiff have no right on the claim property and also not entitle for any compensation from the defendant and the defendant is not at all responsible to pay an amount of Compensation Rs 30000.
As averment made in Para 10 of the plaint claiming absolute possession, loss, court fee, is fully denied by the defendant and plaintiff is not entitled to lodge any claim from the defendants

As content mentioned in Para 11of the plaint is true and correct, and hence admitted by this defendant therefore call for no comments.

As all the request mentioned in Para 12 of the plaint by the plaintiff is totally deny by the defendants.

That the Defendants further more submit that there was no cause of action for the Plaintiff to file the present suit against the Defendants.
Without prejudice to the above contentions, this Defendant humbly submits, that, the Plaintiffs have deliberately made certain false averments to suit their case against this Defendant as he have the habit of lodge the false complaint against people and he is also involved in so many criminal case in various court he is involved in the offence murder, theft, rape, as others This defendants humbly pray that while deciding the case the Hon’ble court pays the attention on the character of the plaintiff Defendants further submits, that, the averments which are not specifically denied or traversed hereby are deemed to be denied as false and Plaintiffs will be put to the strict proof of the same. This Defendant craves for kind indulgence of this Hon’ble Court .

WHEREFORE, in the above facts and circumstances of the case, it is most
respectfully prayed, that, this Hon’ble Court may be pleased to dismiss
the suit filed by the Plaintiffs against this Defendant along with exemplary
costs in the interest of justice and equity.
The Defendants, therefore prays that
The Suit of the Plaintiff be kindly dismissed with costs.
The costs of this Defendants be awarded from the Plaintiff and
This Hon’ble Court may be pleased to allow this Defendant to raise additional grounds, if any, at the time of hearing the suit.
Any other orders in the interest of justice be kindly passed.
Place - Thane
Dated: 13th April 2012

Defendants
Advocate for Defendants

____________________________________

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Raj Kumar Makkad (Expert) 09 April 2012
This site is not meant for the tuition of the advocates rather is meant for providing free of cost advice to the real needy poor persons.

You need to discuss your case with any senior lawyer of your court premises.

V R SHROFF (Expert) 09 April 2012
u r very very very smart in drafting, As Plaint is not there, we cannot say, what is replied, without ""ref to As content mentioned in Para 11of the plaint" plaint.

keep it up
something is better than nothing!!
it is better than not to file ws !!