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IN THE COURT OF THE CIVIL JUDGE JUNIOR DIVISON -I

AT PORT BLAIR

Other Suit No. 20 of 2021

In the matter of:

Shri. S. Bhaskar Rao …. …..Plaintiff

-Versus-

Smti. Sabita Devi ……Defendant

WRITTEN STATEMENTS OF SOLE DEFENDANT AGAINST THE PLAINT

FILED BY THE PLAINTIFF

The defendant most respectfully SHEWETH:

Save and except those which are hereinafter specifically and expressly
denied and disputed, all the rest of the contents, allegation, averments
and contention made by the plaintiff is hereby denied and disputed and
the plaintiff is put to strict proof in this regard.

BRIEF FACTS
1. That the brief facts of the said suit are as follows :

a. That the landed property bearing Sy. No. 42, measuring an area
200 Sq. Mtr, classified as House site is recorded in the name of
Smti. Sabita Devi, D/o. Ramesh Chander, situated at Taylorabad
Village, under Port Blair Tehsil, South Andaman.

b. That the said land was allotted to her name in the year 1987,
under pre 1942 categorically and since then she has been in
constructive occupation of the aforesaid landed property.

c. That the defendant has occupied only 200 Sq. mtr i.e her land
under Sy. No. 42 and she planted food bearing trees and residing
along with her family.
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d. That the Plaintiff never came and never demarcated the Sy.No.
43, in the presence of the defendant, he started coming in the
said land from the year 2017. But not before that and also the
demarcation held in the absence of the defendant as she was
traveling mainland for her treatment and her husband
treatment.

e. That at the time of occupying of her allotted land the same was
physically demarcated by the revenue department and handed
over the land to the defendant and since then she had been
residing along with her family.

f. That in no point of time the defendant has in any illegal

occupation of her neighbor land, all she dealt with only her
portion of land. The Plaintiff with a malafide intention and
wanted to grab the land of the defendant filed this instant suit.
Every averment of the plaint is misleading, false and baseless
and same has to be dismissed in the threshold itself.

PARA WISE REPLY:

1. That the averment made in para 1 and 2 are admitted
facts.

2. That the averments made in para 3 are admitted to the extent which
are born on records, but in the sentence as mentioned in the
paragraph which states that Semi Pucca House is denied as the
adjacent plot was all along lying vacant since the day of allotment of
the land in the name defendant of Sy. No.42 .

3. That the averments made in para 4,5,6,7 are admitted facts.

4. That the averments made in para 8,9,10 are admitted to the extent
which are born on records.

5. That the averments made in para 11 are denied and disputed.

Defendant already fenced her allotted land.

6. That the averments made in para 12 are denied and disputed.

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7. That the averment made in para 13 &14 are admitted to the extent
which are matter of record, rest are denied and disputed.

8. That the averments made in para 15, are admitted to the extent
which are born on record, rest are denied and disputed.

9. That the averments made in para 16 admitted to the extent which

are born on record.

10. That the averments made in para 17 are admitted to the extent
which are born on record.

11. That the averments made in para 18,19,20 is admitted to the extent
which are born on record, rest are denied and disputed. The
defendant is in very much occupation of her own allotted land.

12. That so far as the contents stated at para 21 is concerned, it is

submitted that the Plaintiff has got no cause of action to file this
suit as against the defendant. As the defendant has occupied her
allotted land 200 Sq. mtr, under Sy. No. 42. The allegation which is
leveled by the plaintiff is false and baseless and with an intention to
grab the land and portion of the defendant.

13. That the prayer prayed by the defendant in para 25 (a), (b), (c), (d),
(e ), (f) (g), should be reject in the threshold itself, as all the prayers
are false, fabricated, and baseless and concocted one. All this only
to grab the land and to incur huge income from the land. Hence the
Plaintiff should be delt with as per law for filing such a false and
baseless suit.
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It is therefore most humbly prayed that Your Honour

would graciously be pleased to dismiss the suit with
exemplary cost due to the reason herein above in the
interest of justice.

AND FOR THIS YOU PETITIONER AS DUTY BOUND SHALL EVER PRAY.

Port Blair
Date : 07-07-2022 Sign. of the Defendant

Sign. of the Counsel of Defendant

VERIFICATION

I, Smti. Sabita Devi, D/o. Ramesh Chand, aged about …….. yrs,
R/o. Teylorabad under Port Blair Tehsil, South Andaman District, A & N
Islands, by faith Hindu, defendant in the instant application and do
hereby verify that the contents made in Para 1 – 13 of this instant petition
are true and correct to the best of my knowledge and belief and I have not
suppressed any material facts of this instant affidavit.

Solemnly affirm on this 7th Day of June 2022 at Port Blair.

Sign. of the Defendant

Sign. of the Counsel of Defendant

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AFFIDAVIT

I, Smti. Sabita Devi, D/o. Ramesh Chand, aged about …….. yrs, R/o.
Teylorabad under Port Blair Tehsil, South Andaman District, A & N
Islands, by faith Hindu, do hereby solemnly affirm and declare as follows:-

1. That I am the defendant in the instant suit and I am well

acquainted with the facts and circumstances of the case.

2. That the contents made in Para 1 – 13 of this instant petition are

true and correct to the best of my knowledge and belief and I have
not suppressed any material facts of this instant affidavit.

3. That the contents made in Para 1 & 2 of this instant affidavit are
true and correct to the best of my knowledge and belief.

Solemnly affirm on this 7th Day of June 2022 at Port Blair

Deponent
Identified by me
Prepared in my chamber

S. Gloria Mary
Advocate
S. Gloria Mary
Advocate
CERTIFICATE

Solemnly affirmed before me, the contents of this affidavit (and the
exhibits therein referred to having been first truly and audibly read over to
the declarant in Hindi or English, he being literate or unacquainted with
English who appeared perfectly to understand the same signed the same)
in my presence.

Place: Port Blair

Date: 07-07-2022

Signature of Deponent
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