IN THE CITY CIVIL COURT AT CHENNAI

I.A. No. 02 OF 2019

IN

O.S. No. 5319 OF 2019

Smt. Suganya,
W/o. Jagadeeswara Rao,
No. 2, Chidambaranathan Street,
Anjaneya Nagar, Royapuram,
Chennai – 600 013
…Applicant/Plaintiff

Vs.

R. Prasad Rao,
S/o. Late Chenchaiah,
No. 27, OSH Road,
Anjaneya Nagar, Royapuram,
Chennai – 600 013
…Respondent/Defendant

COUNTER AFFIDAVIT BY R. PRASAD RAO

I, R. Prasad Rao, S/o late Chenchaiah, Hindu, aged 64 years and residing at No. 27, OSH
Road, Anjaneya Nagar, Royapuram, Chennai – 600 013 do hereby solemnly affirm and
sincerely state as follows:

1. I respectfully state that I am the Respondent/Defendant herein and as such I am well-

acquainted with the facts of the case and I am competent to swear to file this affidavit.

2. I respectfully state that the above suit has been filed by the Petitioner/Plaintiff against
me seeking a relief of permanent injunction restraining me or anybody acting through
me to resist me from disturbing her peaceful possession of the suit schedule property.

3. At the very outset, I deny all the allegations and averments made by the
Petitioner/Plaintiff in her affidavit as false, baseless and devoid of any merits, except
those that are specifically mentioned hereunder.

4. I respectfully state that I deny the allegations and averments made by the
Petitioner/Plaintiff in para 4 of the affidavit as I am not aware about the sale deed
dated 07.05.2008 registered as Document No. 1506 of 2008.
5. I state that I am residing in a portion which lies to the front of the Petitioner/Plaintiff’s
building and that beside my property, there is a small common passage that leads to
the Petitioner/Plaintiff’s portion behind my property.

6. I respectfully submit that I vehemently deny para 6, 7 and 8 of the affidavit as false
and misleading.

7. I respectfully submit that the Petitioner/Plaintiff can construct whatever she wants in
her property but the Petitioner/Plaintiff is wanting to construct and make additional
extensions into my property and is also trying to usurp the common pathway leading
from the road to the Petitioner/Plaintiff’s property.

8. I respectfully submit that the Petitioner/Plaintiff is constantly demolishing and

reconstructing within her portion for the past ______ months, with construction
activities taking place 24x7 and causing me and my family members loss of sleep and
continuous disturbance day-in and day-out. I also state that I had requested the
Petitioner/Plaintiff to abide by the government rules for construction and requested
her to desist from carrying on construction activities after 6:30 p.m. in the evening till
daybreak but the Petitioner/Plaintiff being very adamant and purposefully wanting to
cause me and other neighbours a lot of hardship has been bringing boulders and
cement churners and drilling machines emitting high decibels of sound working all
through the night. I also submit that the construction workers doing the work at the
Petitioner/Plaintiff’s premises keep disturbing me and my family by knocking on our
doors at odd hours and sitting in front of my house and disturbing my ingress and
egress into my property. I also state that the construction materials brought by the
Petitioner/Plaintiff were unloaded right in front of my property and causing additional
nuisance to me and my family. I further state that I am a law-abiding citizen and deny
the Petitioner/Plaintiff’s allegations to having threatened the Petitioner/Plaintiff’s
construction workers or having obstructed the common pathway leading to the
Petitioner/Plaintiff’s property. I also deny having threatened the Petitioner/Plaintiff’s
husband with dire consequences. I respectfully state that even assuming for a moment
without admitting that I had threatened the Petitioner/Plaintiff’s husband with dire
consequences, the Petitioner/Plaintiff should have filed a CSR with regard to the
threats made by me against her husband but instead there is no such CSR filed by her
which in itself proves the authenticity of her claims. I also state that the
Petitioner/Plaintiff falsely alleges that I have threatened her workers involved with
construction work in her place on 15.07.2019 along with musclemen but it is
surprising to note that the Petitioner/Plaintiff has preferred a complaint and a CSR
only on 17.07.2019 and I deny having threatened the Petitioner/Plaintiff’s workers at
any point of time and it is for this reason that the police having smelt a rat and
 knowing it is a false complaint did not call me for any enquiry and have not taken any
action against me either. I further deny having obstructed or caused a serious threat to
the Petitioner/Plaintiff or any of her members and that the Petitioner/Plaintiff is only
trying to build prima facie case with her wild imagination. There is no iota of truth in
the allegations and averments made by the Petitioner/Plaintiff. I take serious objection
to the Petitioner/Plaintiff stating that the police have termed me as “Kandhu Vatti” in
a criminal complaint filed by some victims against me. I further state that the
Petitioner/Plaintiff is only trying to defame and demean me and show me in bad light
before this Hon’ble Court and that even if there is criminal complaint against me
terming me so, it has not been proved and it is not open to the Petitioner/Plaintiff to
make such a scathing remark against me and I reserve my right to file an appropriate
suit against the Petitioner/Plaintiff. I also state that I have no requirement to eye the
Petitioner/Plaintiff’s property and it has always been the Petitioner/Plaintiff who has
been trying to purchase my property as it faces the road and it lies in front of the
Petitioner/Plaintiff’s property. I further state that since I refused to sell my property to
the Petitioner/Plaintiff now, the Petitioner/Plaintiff is twisting the facts and making it
look like I am eyeing her property which lies behind my property and I have no use
with purchasing the Petitioner/Plaintiff’s property. The Petitioner/Plaintiff is once
again using her wild imagination and stating that I am a politically influential person
capable of causing harm to the Petitioner/Plaintiff and her family. I state that it is not
true and that the Petitioner/Plaintiff is just making statements without any truth in it to
build a case and they are nothing but baseless allegations made on apprehensions.

9. I respectfully state that I vehemently deny that my wife Lalithamma is harassing and
threatening her and her 2 minor children. I state that my wife has never beaten the
Petitioner/Plaintiff’s children much less with a stick and that it is the
Petitioner/Plaintiff’s children who pelt stones at my house and at me and my family
members at my house on the instigation of the Petitioner/Plaintiff. I further submit
that there is no truth in the allegations and averments made by the Petitioner/Plaintiff
and that she is trying to build a vexatious case based on mere apprehensions.

10. I deny para 9 and 10 of affidavit as malicious and made with a n intention to belie me.
I state that I am a law-abiding citizen and have never caused the Petitioner/Plaintiff
any harm and that I have never indulged in stalling the construction activities taking
place at the Petitioner/Plaintiff’s house and that it is the Petitioner/Plaintiff who is
causing a lot of noise pollution and nuisance to me by not following the government
rules for construction. The Petitioner/Plaintiff is blowing only hot and cold and that
she after disobeying and violating the rules laid down for construction now claims to
say that I am to waive my rights and liberties for the Petitioner/Plaintiff to construct
within her property and in the common pathway. I also state that there has been no
 threats made against the Petitioner/Plaintiff’s husband by me and that if it was true,
the Petitioner/Plaintiff’s husband would have been a party to the suit or atleast would
have preferred a police complaint but as these allegations of the Petitioner/Plaintiff is
false and mala fide, the Petitioner/Plaintiff’s husband has not been added as a party to
the suit nor had he preferred a police complaint.

11. I object to the Petitioner/Plaintiff’s request for the appointment of an advocate

commissioner to note down any obstruction caused by me to the public road in front
of his residential building. I further state that the Petitioner/Plaintiff is only asking for
the appointment of an advocate commissioner to collect evidence for their case and it
is the rule laid down by our Hon’ble Court that advocate commissioner is not to be
appointed for the purpose of collecting evidence. The Petitioner/Plaintiff has filed this
vexatious suit having no truth and not impleaded calling the proper and necessary
parties to this suit is now making an appointment for an advocate commissioner to
collect evidence on your behalf to prove her case. I respectfully submit that it is not
the case of the Petitioner/Plaintiff that my property is her property or that I have
encroached upon her property and it is not open to the Petitioner/Plaintiff to demand
for the production of my title documents and other legal documents showing my
possession over my property to prove my bona fides by filing an interim direction
before this Hon’ble Court. The entire intention of the Petitioner/Plaintiff comes alive
in the 11th para of her affidavit wherein she wants to collect evidence through the
appointment of an advocate commissioner and demands for the production of my title
documents in an injunction suit with respect to her schedule property, all of which is
beyond the scope of this suit.

12. I deny the allegations and averments made by the Petitioner/Plaintiff in para 12 of her
affidavit as devoid of any substantial proof. I state that the Petitioner/Plaintiff has not
informed the government authorities any construction work that she intended to carry
out within her property and that the Petitioner/Plaintiff is mid-way into construction
and that the construction work carried out by the Petitioner/Plaintiff is in violative of
the rules and procedures to be followed for construction. I also state that I have not
encroached upon the road or obstructed the traffic and that the allegations and
averments made to this effect by the Petitioner/Plaintiff is also an after-thought in an
event to build a case based on her imagination running wild. The Petitioner/Plaintiff
does not have a prima facie case and her entire case is built on apprehensions and
hearsay and the balance of convenience is not in her favour. The Petitioner/Plaintiff is
filing this application in a high-handed manner and trying to just fish false details so
as to build a case that is fictitious in nature.
Therefore, I respectfully pray that this Hon’ble Court be pleased to set aside the applications
in the I.A. No. 2 of 2019, I.A. No. 3 of 2019, I.A. No. 4 of 2019 and to dismiss the case
and thus render justice.

Solemnly affirmed at Chennai )(

on this the day of September 2019 )(
and signed his name in my presence )(
Before me

Advocate: Chennai