Affidavit Affidavits Miscellaneous 436 - Legal Draft

Affidavit

I, .................., S/o. ................., Hindu, aged about............... years, Occupation ......... and residing at ................., do hereby solemnly and sincerely affirm and state as follows :

1. I am the petitioner herein and I am well acquainted with the facts of the case.

2. I submit that the respondent herein filed a petition before the Principal District Munsif............. for eviction on the ground of bona fide requirement and willful default. The case of the respondent before the Rent Controller was the suit schedule premises was given on rent for a sum of Rs. ............. and paid the rent on ............... and thus committed willful default in payment of rent. His further case was that his adopted son is D. Pharmacy holder and he wants to start a medical and general stores in the premises. Inspite of notice the petitioner has not vacated and hence the present petition.

3. To the petition so filed I have filed a detailed counter stating that in the application item No. .................... has not been mentioned and the rent that is being paid Rs. ....................... and not Rs. ................. It was further stated that an amount of Rs. ........... was padi as advance and there was no default much less willful default. It was further stated in the counter that the respondent does not require the premises for bona file requirement and earlier he has filed eviction petition No.............. against one............. his cousin brother on the ground that he wanted to start a Kirana business thereafter he had gone back on his word.

4. In support of the case the respondent examined two witnesses and market Ex............ to ........... On my behalf four witnesses were examined and marked Ex.............. and ............ The learned Rent Controller after a careful consideration of facts came to the conclusion that the rent fixed is Rs. ........ and not Rs............... as stated and that there was a deposit of Rs. ............. with the Respondent. The learned Rent Controller held that there was willful default ad the respondent requires the premises. The learned Rent Controller dismissed the petition on the ground that the Rent Controller Court has no jurisdiction to entertain. Aggrieved by the order the respondent herein carried the matter in appeal. The appellate court on an erroneous view of law and facts was pleased to hold that the rent is Rs............ only and the Rent Control Court has got jurisdiction to entertain the petition. The Appellate Court has confirmed that it has not acted in a legal and valid manner.

5. I submit that the order of the learned Senior Civil Judge in allowing the appeal is not legal and valid. Hence it is prayed that the Hon’ble Court may be pleased to stay the order of the learned Senior Civil Judge, .......... passed in C.M.A.No. ............... dated.......... pending disposal of the revision.


Solemnly and sincerely affirmed and signed                                          
before me on this the ............day of ........
...................at ...............

Deponent
Advocate, ................