Unit – 3 – Written statement in an eviction suit on behalf of the defendant

IN THE COURT OF SMALL CAUSES, MUMBAI

Civil Suit No. _______ of 2020.

In the Matter of

Mr. Raju Kanan …..Plaintif

Versus
Mr. Mohan Shetty …..Defendant

A WRITTEN STATEMENT OF THE DEFENDANT

May it please this Hon’ble Court The Defendant abovenamed states as follows:

The Defendant respectfully sheweth as under :

1. The contents of Para 1 and 2 of the plaint, about the plaintif being the owner and
the landlord of the residential premises and that the Defendant is the tenant in the
said premised is undisputed are true and correct, and hence, is admitted by the
defendant.
2. The contents of para 2 of the plaint, about the defendant being a tenant of the
plaintif and about the Tenancy agreement are true and correct, and hence, is
admitted by the defendant.
3. The contents of Para 3 of the plaint, about the monthly amount payable as rent are
true and correct, and hence, admitted by the defendant.
4. The averments made in the contents of Para 4 of the Plaint, are untrue and
misleading as the defendant and the petitioner had the arrangement to utilize the
security deposit as rent from the month of June until the expiry of the agreement in
its natural course. about the monthly rent not paid by the defendant to the plaintif
are true and correct, and hence, is admitted by the defendant.
5. With respect to Para 5 of the plaint, the Defendant would like make the following
submissions.
a) That the defendant had paid an amount of Rs 3,00,000/- as the Security
deposit for the rent agreement, and the rent amount per month was Rs
20,000/-.
b) That the defendant had paid the rent amount regularly till May, 2019. The
defendant submits that he ran into financial crisis during that period due to
which he was not able to pay the rent amount to the Plaintif, beginning from
June, 2019.
c) The defendant further submits that, since he was not able to pay the rent, it
was agreed between the parties that the rent amount to be paid to the
plaintif would be adjusted from the security deposit paid by the defendant

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 and the remainder of the security deposit would be paid back by the plaintif
at the time of expiry of the rent agreement. i.e. 14th December, 2019.
d) The defendant submits that after appropriating the security deposit amount
with the rent amount, the remaining amount i.e. 1,60,000/- of the security
deposit has not been paid by the plaintif till now and therefore, out of
compulsion, the defendant has continued to stay at the said premises.
6. The contents of para 6 of the plaint are baseless, false and frivolous and the
defendant submits that, the defendant has committed no default and the plaintif
has approached the court with malafide intention.
7. The content of para 7 of the plaint are baseless, false and frivolous, and denying the
same, the defendant submits that he did not receive any notice from the plaintif’s
lawyer to vacate the premises.
8. With respect to para 7 of the plaint, the defendant also states that since he did not
receive the notice, therefore, the question of acknowledging the same does not
arise.
9. The defendant also submits that there was no cause of action for the plaintif to file
the present suit against the defendant.
10. The defendant therefore prays that:
a) The suit of the plaintif be kindly dismissed with costs
b) The Plaintif be directed to repay the remainder of the security deposit amount along
with interest @ 12%.
c) That the legal expenses incurred by the defendant should be borne by the plaintif
and
d) Any other order as the court deems fit.

VERIFICATION

I, Mr. Mohan Shetty, the present defendant, do hereby state on solemn affirmation
that all the contents of this suit are true and correct to the best of my knowledge and
belief, so I have signed hereunder.

Sd/-
Mr. Mohan Shetty

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