DRAFT A WRITTEN STATEMENT
Mr. ABC, s/o XYZ, has filed O.S. No. 923/2022 before the City Civil Court, Bengaluru. Seeking partition and separate possession to the extent of 1/2 shares in respect of the suit schedule property against Mr. PQR, s/o XYZ, on the ground that the property in question is the ancestral property of the family, the court issued summons to Mr. PQR, s/o XYZ, to appear and file a written statement. Mr. PQR denied that the suit schedule property is the ancestral property, but the self-acquired property, having been purchased through a registered sale deed dated 10-10-2020 from its previous owner, namely, Smt. DEF, W/O GHI. Therefore, defendant Mr. PQR wants to file a written statement. Draft written statement.
IN THE COURT OF THE PRINCIPAL CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU
O.S. NO. 933/2023
BETWEEN
Mr. ABC, s/o XYZ,
Aged about 38 years,
R/At _________,
Karnataka-560079 ………. PLAINTIFF
AND
Mr. PQR, s/o XYZ,
Aged about 45 years,
R/At _________,
Karnataka-560079 ………. DEFENDANT
WRITTEN STATEMENT UNDER ORDER VIII RULE 1 R/W
SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908
The Defendant above named humbly submits as follows:-
The Defendant expressly denies every averment in the plaint and further states that the suit is not maintainable in the eyes of the law or on the facts.
PARA-WISE REPLY:
- The averments made in paragraph 3 of the plaint that “the Plaintiff and the Defendant belong to the same joint family and are carrying on a joint family business”. The defendant admits that the Defendant and the plaintiff belong to the same family, but the Defendant completely denies that they are carrying on a joint family business. The plaintiff is put to strict proof of the same.
- The averments made in paragraphs 4 and 5 of the plaint that “the plaintiff and the defendant are carrying on a joint family business, profits were earned in the business, and that those very profits were used to purchase the suit schedule property by the plaintiff and the defendant” are completely false and baseless allegations. The plaintiff is put to strict proof of the same.
- The averments made in paragraphs 6 to 8 of the plaint state that “the plaintiff claims a partition and separate possession to the extent of a 1/2 share in the suit schedule property.” The defendant completely denies the plaintiff’s claim for partition and separate possession of a 1/2 share in the said suit schedule property. The plaintiff is put to strict proof of the same.
- The averments made in paragraphs 9 to 10 of the plaint state that “the plaintiff invested his income for the purpose of purchasing the suit schedule property” is false and denied. The plaintiff is put to strict proof of the same.
- The averments made in para 11 of the Plaint that “The cause of Action” to file the suit is imaginary and false.
FACTS OF THE CASE
- It is submitted that the Defendant and the Plaintiff belong to the same joint family; there is no joint family business being operated by them. The Defendant has been carrying on his own independent business and has earned his own money. The said business is exclusively carried on in the name of the Defendant. Copies of the business license and the GST registration certificate are attached as ANNEXURE-A.
- The Defendant submits that he purchased the suit schedule property from Smt. DEF, W/o GHI (hereinafter referred to as ‘the SELLER’), is using the income he earned from his independent business. The sale consideration for the said property was paid by the Defendant to the seller through a bank transfer from his personal bank account. The property was subsequently registered in the name of the Defendant through a registered Sale Deed on 10.10.2020. A copy of the bank statements of the transaction for the sale is attached herewith and marked as ANNEXURE-B.
- The Defendant is the absolute owner of the suit schedule property, having lawfully acquired the same through a registered Sale Deed on 10.10.2020, and the Plaintiff has no right, title, or interest whatsoever in the suit schedule property. It is submitted that the copy of the registered sale deed in the name of the Defendant is attached as ANNEXURE-C.
- It is submitted that though the Plaintiff is residing in the joint family and is the brother of the Defendant, this does not give him any right or interest in the said suit schedule property. The Defendant reiterates that the suit schedule property was purchased solely with the income from his own independent business, and not from any joint family funds.
PRAYER
WHEREFORE, the Defendants humbly pray that this Hon’ble Court may be pleased to dismiss the suit of the Plaintiff and order exemplary costs in the interest of Justice and Equity.
Place: Bengaluru
Date: ADVOCATE FOR DEFENDANT
VERIFICATION
I, Mr. PQR, s/o XYZ, Defendant in the above case, do hereby verify that the contents at para 1 to 9 of the written statement are true and correct to the best of my knowledge, information, and belief.
PLACE: Bangalore DEFENDANT
DATE:
