Affidavit In A Rent Control Appeal Supporting An Application - Legal Draft

Precedent No. 43

AFFIDAVIT: IN A RENT CONTROL APPEAL - SUPPORTING AN APPLICATION

FOR STAY

BEFORE THE HON'BLE DISTRICT COURT AND RENT CONTROL

APPELLATE AUTHORITY,

I.A. No of 20

In

R.C.A. No of 20

Petitioner:

Vs.

Respondent:

AFFIDAVIT of , S/o , aged years,

now residing in

The deponent abovenamed hereby solemnly affirms and declares as

follows:—

1. The deponent is the applicant in the appeal referred to above

and the petitioner in the accompanying petition. The deponent, being

well conversant with the facts of the case, stands fully competent to

swear to this affidavit. The deponent will be referred to as the

petitioner hereinafter.

1. The appeal referred to above has been preferred against the

order allowing eviction of the petitioner herein, on the ground of

misuse.

1. It is the bona fide belief of the petitioner herein that the

appeal referred to above will be allowed considering the fact that the

grounds urged in the Memorandum of Appeal are valid and completely

sustainable.

1. The allegation of the misuse of the rented premises, as put by

the respondent, is absolutely false and a mere figment of his

over-working imagination employed by him with a view to forcibly evict

the petitioner from the rented premises.

1. It is respectfully submitted that mere keeping of the garments

in one of the rooms of the rented premises does not, by any stretch of

imagination, amount to misuse of the same. The petitioner brings back

the unsold garments from his nearby shop due to lack of proper security

in the area and there is not a grain of truth in the allegation that the

petitioner has started using the rented premises to sell the garments.

1. It is further submitted that the petitioner is a man of very

limited means and has a large family to support and his eviction from

the aforesaid premises would adversely affect his interests.

1. As is abundantly clear, the respondent is bent upon employing

the legal machinery to execute his malicious and dishonest intention of

letting the rented premises to a third party at an exorbitant price.

1. If the respondent is allowed to execute the order of eviction,

pending the disposal of the appeal, it will cause irrepairable loss to

the petitioner.

1. It is, therefore, in the interest of justice, equity and conscience

that this Hon'ble Court be pleased to stay all further proceedings

pursuant to the

order dated R.C.P. No of the Additional Munsiff

(Rent Control) Court, pending final disposal of the above

R.C.A.

Sd./ Deponent.

Verification

Verified at on this the day

of ,20 , that the contents of the above affidavit are true

and correct to the best of my knowledge, belief and information and

nothing material has been concealed therefrom.

Sd./ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of , 20

Sd./

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law. Prayer may be deleted from affidavit to possible extent.