IN THE COURT OF SH. PRAGYA GUPTA, LD.

SENIOR CIVIL
JUDGE, EAST, KARKARDOOMA COURT, DELHI
CIVIL SUIT NO. 350 OF 2023

IN THE MATTER OF:

SH. CHARANJEET SINGH …Plaintiff

Versus
SH. AMIT KUMAR …Defendant

INDEX

Sr. No Particulars Page nos.

Rejoinder of the Plaintiff along with

affidavit

PLAINTIFF
THROUGH
SS & Associates
C-293, Defence Colony, Delhi -110024
Ph no: 9930322106
Email id: sslawcorporateoffice@gmail.com

Place:
Date:
 IN THE COURT OF SH. PRAGYA GUPTA, LD. SENIOR CIVIL
JUDGE, EAST, KARKARDOOMA COURT, DELHI
CIVIL SUIT NO. 350 OF 2023

IN THE MATTER OF:

SH. CHARANJEET SINGH …Plaintiff

Versus
SH. AMIT KUMAR …Defendant

REJOINDER TO THE WRITTEN STATEMENT OF THE

DEFENDANT ON BEHALF OF THE PLAINTIFF

I, Sh. Charanjeet Singh, Adult Indian Inhabitant of Delhi, the Plaintiff in

the above matter, having my address at ……………………………………………..
do hereby solemnly affirm and say as follows: -

1. I say that the Advocate for the Plaintiff has been served
with the Written Statement filed by the Defendant to
the Plaint / Suit filed by the Plaintiff. I say that I have
gone through the averments and contentions raised by
the Defendant. I say that being fully conversant with
the facts and circumstances of the present case. I am
able to depose before this Hon’ble Court out of my
personal knowledge and based upon the documents I
have in my possession.

2. At the outset, I repeat, reiterate and maintain whatever

is stated in my Plaint / Suit and deny all that is
 contrary to and /or inconsistent with my Plaint / Suit
as well as whatever is mentioned hereinafter as if the
same is set out herein and denied in seriatim. I humbly
submit that nothing said herein by me shall be deemed
to have been admitted by me for want of traverse or
otherwise unless the same is specifically admitted
herein by me.

3. I further say that the Written Statement filed by the

Defendant is misconstrued, bad in law, vexatious and
notorious in nature from the averments mentioned
therein. I say that the Defendant has only filed the
present Written Statement with a view to Complicate
the issues involved and pressurize this Plaintiff to
submit to his illegal and unlawful demands. I say that I
have provided enough Material to support the relief
claimed by me in the aforesaid Plaint / Suit. I say that I
am filing this Rejoinder to the Written Statement only
for the limited purpose of explaining the additional
facts incorporated by the Defendant in his Written
Statement. I say that since various unconcerned,
unconnected and additional facts have been brought
on record by the Defendant in his Written Statement,
it is incumbent upon the Plaintiff to seek leave to file
Rejoinder Affidavit under the provisions of Order 8
Rule 9 of the Code of Civil Procedure, 1908.
Without Prejudice to whatever is stated hereinabove, the
Plaintiff shall now deal Parawise with the Written Statement
filed by the Defendant as follows: -

4. With reference to Para No. 1 of the Written Statement

of the Defendant, I say that the contents of the Para in
Written Statement is a matter of fact and therefore
does not require to be traversed upon by this Plaintiff.

5. With reference to Para No. 2 of the Written Statement

of the Defendant, I vehemently deny the content
thereof and put the Defendant to the strict proof in
respect thereof.

6. With reference to Para No. 3 of the Written Statement

of the Defendant, I vehemently deny the content
thereof and put the Plaintiff to the strict proof in
respect thereof. I say that the Defendant has caused an
unlawful and wrongful losses to the Plaintiff by
occupying his property and not paying the rent for the
same, rather damaging the same.

7. With reference to Para No. 4 and 5 of the Written

Statement of the Defendant, I vehemently deny the
contents thereof and put the Defendant to the strict
proof in respect thereof.

8. With reference to Para No. 6 of the Written Statement

of the Defendant, the half of the content thereof is true
 and correct only to the extent that the Defendant has
rented for a period of 22 months/2 years. The
submissions so far as the registration expenses are
concerned, I say that the registration expenses were
borne equally by the Plaintiff and the Defendant
collectively as per the normally accepted norms. The
statement of the Defendant that the registration
expenses being borne by the Defendant alone are false
and misleading. However, the same shows the
nefarious nature of the Defendant.

9. With reference to Para No. 7 of the Written Statement

of the Defendant, I vehemently deny the content
thereof and put the Defendant to the strict proof in
respect thereof.

10. With reference to Para No. 8 of the Written Statement

of the Defendant, I vehemently deny the content
thereof and put the Defendant to the strict proof in
respect thereof. I say that the first and foremost it is
not possible to believe that the Defendant has taken
the property on rent / lease without visiting the said
property at least once. It is pertinent to note that the
Defendant and his wife visited the property and after
their visit the Defendant and his wife themselves
agreed to take the property on rent / lease despite
inspection of the said property by the Defendant. I say
that it is also pertinent to mention herein that the
Plaintiff addressed the issue raised by the Defendant
 and carried out the repair works for the rain water
problem immediately. I further say that the Defendant
has made false and frivolous contentions in the
Written Statement by stating that he himself carried
out the repair works and raised a false bill of the
amount of 38,000/-. However, the Defendant did not
annex a single bill of any repair work which he carried
out in the said property for rain water issues. I say that
even if it is assumed, for the sake of arguments,
without admitting to anything herein, that the damage
was caused by the rain water logging, it is not
believable that the rain water would log on the third
floor of the premises. It is also pertinent to note that
no prudent person would keep their valuables in places
knowing that there was water logging, if any, that
actually took place. The damage on the part of the
Defendant is intentional and could have been avoided
had the Defendant acted in a prudent manner.
Furthermore, it is but obvious that when a person rent
a property then the Lessee/licensee/tenant is
responsible to manage the property and also to take
care of his belongings and the Plaintiff cannot be
blamed for the alleged loss purportedly suffered by the
Defendant.

11. With reference to Para No. 9 of the Written Statement

of the Defendant, the contents thereof are denied in
toto and put the Defendant to the strict proof in
respect thereof. The contents thereof are quoted
 completely false and frivolous. The Defendant has, by
the way of the written statement admitted to
occupying the property of the Plaintiff. Additionally, I
reiterate what is stated in the foregoing paragraph,
that Defendant inspected the property before
occupying it and the contention of the Defendant that
rainwater logging caused damage to his belongings is
fabricated as it is not believable that rain water logged
on the third floor.

12. With reference to Para No. 10 of the Written Statement

of the Defendant, the contents thereof are denied in
toto and put the Defendant to the strict proof in
respect thereof. It is pertinent to note that the wife of
the Defendant would often create nuisance at the said
premises and would pick on unnecessary fights with
the Plaintiff and his son. The wife of the Defendant on
one occasion even threatened the Plaintiff and his son
of registering a false case against them if they were
forced to pay the rent or any other charges. Factually,
the Defendant has not placed on record to ascertain if
at all any incident actually took place. As for the
harassment and blackmail on the part of the
Defendant and his wife can be ascertained by the
complaint registered by the Plaintiff herein on date
10.02.2022, at Jagatpuri Police Station, Delhi. A copy
of the said complaint is already marked and annexed
to the Plaint / suit.
13. With reference to Para No. 11 of the Written Statement
of the Defendant, the contents thereof are denied in
toto and put the Defendant to the strict proof in
respect thereof. I say that The Plaintiff is not in
possession of any bags of the Defendant and neither
did he break open into the house of the Defendant. It is
an admitted fact that the Defendant illegally occupied
the property of the Plaintiff thereby causing wrongful
loss to him. The Defendant failed to pay the rent and
the same can be deciphered from the Reply / Written
Statement of the Defendant. I further say that no
question as to the liability of the Plaintiff arises herein
as the Plaintiff has carried out the repair work as and
when asked for by the Defendant. I say that the actions
of the Defendant are nothing but proof that they
occupied the property and enjoyed the fruits of it
without the payment of the rent and other charges
towards electricity, maintenance, etc. Further, the
contents are nothing but a failed attempt on the part of
the Defendant to prejudice the mind of this Hon’ble
Court by diverting the issue and prolonging the
dispute.

14. With reference to Para No. 12 of the Written Statement

of the Defendant, the contents thereof are denied in
toto and put the Defendant to the strict proof in
respect thereof. It is pertinent to mention that the
Defendant did not suffer any losses and the entire
allegations of suffering losses is nothing but a frivolous
 attempt to defeat the genuine claims of the Plaintiff. In
fact, the Defendant caused wrongful and unlawful
losses to the Plaintiff. Even if it is assumed, for the
sake of arguments that wrongful loss was caused to the
Defendant, the liability of the loss does not shift on the
Plaintiff herein. The Defendant acted in a careless
manner by intentionally keeping his belongings on the
premises in such a way that damage, if any, could be
caused and has in return pinned the blame on the
Plaintiff herein in order to extort money out of him by
evading the liability of the Defendant. The Defendant
failed to pay the rent from November, 2022 till date
and absconded from the property without even
handing over the keys to the Plaintiff. That the act of
the Defendant is itself shows the malafide conduct of
the Defendant. I say that the contents thereof are
totally vague and baseless.

15. It is therefore prayed before this Hon’ble Court: -

a. That the Hon’ble Court may direct the Defendant to deposit the
arrears of rent pending from 23.11.2023 along with interest at
18% per annum on the recoverable amount from 23.11.2023 till
date of recovery.
b. Pass a decree of damages @ Rs. 1000/- per day till the vacation
of suit property in favor of the plaintiff and against the
Defendant as per clause 20 of the Lease Agreement.
c. Grant cost of Rs. 55,000/- in favor of the Plaintiff and against
the Defendant in the interest of justice.
 d. Any other order (s) which this Hon’ble Court may deem fit and
proper be also passed in favour of the Plaintiff and against the
Defendants in the interest of justice.

Plaintiff

Through

SS & ASSOCIATES
Advocates for the Plaintiff

Place: New Delhi

Date:
 IN THE COURT OF SH. PRAGYA GUPTA, LD. SENIOR CIVIL
JUDGE, EAST, KARKARDOOMA COURT, DELHI
CIVIL SUIT NO. 350 OF 2023

IN THE MATTER OF:

SH. CHARANJEET SINGH …Plaintiff

Versus
SH. AMIT KUMAR …Defendant

AFFIDAVIT

I, Charanjeet Singh, Aged about ….. years, S/o ……………………………….,

R/o ……………………….., do hereby solemnly declare and affirm as
hereunder:

1. That I am the Plaintiff in the captioned suit and I am well

conversant with the facts and circumstances of the case and I am in
a position to depose the same.

2. That the accompany rejoinder has been drafted by my counsel

under my instructions and the facts stated therein are true and
 correct to my knowledge and the same are not reproduced herein
for the sake of brevity and the same may be read as part of this
affidavit and the same has been explained to me in vernacular
language.

DEPONENT

VERIFICATION
Verified at New Delhi on this ……. Day of April, 2024 that the contents of
the above affidavit are true and correct to my knowledge, no part of it is
false and nothing material has been concealed therefrom.

DEPONENT