IN THE COURT OF CIVIL JUDGE

TIS HAZARI COURT, NEW DELHI

(Ordinary Original Civil Jurisdiction)
CS (OS) No. 11 of 2024

IN THE MATTER OF:

HK Gupta .……Plaintiff
Versus
DC Aggarwal ……Defendant

INDEX

Sr. No. Particulars Page

No.
1. Written Statement

2. List of Documents

3. Affidavit

4. Vakalatnama

IN THE COURT OF CIVIL JUDGE

TIS HAZARI COURT, NEW DELHI
(Ordinary Original Civil Jurisdiction)
CS (OS) No. 11 of 2024
IN THE MATTER OF

HK Gupta .……Plaintiff
Versus
DC Aggarwal ……Defendant

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

MOST RESPECTFULLY SHOWETH:

PRELIMINARY OBJECTIONS
1. That this Hon’ble Court has no territorial jurisdiction to try this
suit as under Section 16 of the Code of Civil Procedure, 1908.
Although this Hon’ble Court has the pecuniary jurisdiction to try
this matter, considering that the matter concerns questions
regarding immovable property, the Court of Civil Judge, Patiala
House, New Delhi would have exclusive jurisdiction in
accordance with Section 16 of the Code of Civil Procedure, 1908.
2. That the suit has not been properly valued for the purpose of
court fees and jurisdiction and is therefore liable to rejected
outrightly.
3. That there is absolutely no cause of action in favour of the
Plaintiff and against the Defendant. The suit is therefore liable to
be rejected on this ground also.
4. That the suit has not been properly verified in accordance with
law.
5. That the Plaintiff’s suit for injunction is barred by Section 41(h)
of the Specific Relief Act since a more efficacious remedy is
available to the Plaintiff. The Plaintiff has alleged breach of
contract by the Defendant. Assuming, though not admitting, that
the Defendant has committed any alleged breach, the remedy
available to the Plaintiff is by way of the suit for specific
performance.
6. That the Plaintiff’s suit for permanent injunction is also barred
by Section 41(i) of the Specific Relief Act because he has not
approached this Hon’ble Court with clean hands and his conduct
has been most unfair, dishonest and tainted with illegality.
PARA WISE REPLY ON MERIT
1. That the contents of Para 1 of the Plaint are wrong and denied,
except to the extent they pertain to record. It is submitted that the
Plaintiff is not a mere resident of the suit premises but a tenant
under a valid lease deed.
2. That the contents of Para 2 of the Plaint are a matter of record
and need no reply.
3. That the contents of Para 3 of the Plaint are a matter of record
and need no reply and further do not pertain to the answering
defendant.
4. That the contents of Para 4 of the Plaint do not pertain to the
answering defendant and need no reply.
5. That the contents of Para 5 of the Plaint are a matter of record
and need no reply.
6. That save and except what matters are of record, the contents of
Para 6 of the Plaint are denied and disputed. It is denied and
disputed that the Plaintiff was diligent in terms of the payment of
the rents and other bills including water, electricity, gas, and
internet by the tenth day (10th) of every month. It is submitted
that the Plaintiff has consistently failed to pay rent on time which
constitutes a breach of the Lease Deed. The Plaintiff has
presented false evidence before this Hon’ble Court and is thus
liable to be prosecuted under the Indian Penal Code, 1860 and
other relevant provisions.
7. That the contents of Para 7 of the Plaint are denied and disputed
as wrong, incorrect and misleading. It is denied and disputed that
the answering defendant demanded a rent increase to the tune of
Rs. 50,000/- foregoing the terms agreed in the lease deed and
thus the plaintiff may kindly be put to strict proof of the
averments made in the Para under reply. It is submitted that the
Lease Deed stipulates clearly that the Defendant reserves the
right to adjust the rent based on market conditions as per the
terms of the Lease Deed.
8. That the contents of Para 8 of the Plaint are denied and disputed
as wrong, incorrect and misleading. It is vehemently denied that
the defendant has at any time threatened the plaintiff to vacate
the premises. It is submitted that the Defendant has merely asked
the Plaintiff to either agree to increase the rent or vacate the suit
premises as per the stipulations made in the Lease Deed. Further,
 the Plaintiff was informed of the necessity to increase the rent
due to rising property maintenance costs and local market rates.
9. That the contents of Para 9 of the Plaint are denied in totality as
being false, incorrect and misleading. It is vehemently denied
that the Defendant sent his associates in an attempt to forcibly
evict the Plaintiff or to remove his belongings from the premises.
These allegations by the Plaintiff are fabricated, frivolous and
baseless.
10.That the contents of Para 10 of the Plaint are denied and disputed
as false, incorrect, and misconceived. It is vehemently denied
that the Defendant’s associates and labourers physically abused
the Plaintiff in any manner whatsoever resulting in injuries on
the account thereof. The Plaintiff has presented false evidence
before this Hon’ble Court and liable to be prosecuted under the
Indian Penal Code, 1860 and other relevant provisions.
11.That the contents of Para 11 of the Plaint are denied and disputed
as wrong, incorrect and misleading. It is disputed that there was
an attempt at unlawful eviction or intimidation of the Plaintiff
which was interjected by the neighbors and the police. It is
further denied that the Plaintiff is under any threat of forcible
eviction by the Defendant.
12.That the contents of Para 12 of the Plaint are denied in totality as
being false, misleading and incorrect. It is vehemently denied
that there has been an attempt to forcibly evict or any other action
by the Defendant violative of the lease deed. The plaintiff has
exaggerated the circumstances surrounding the alleged eviction
attempt on 20.08.2024.
13.That the contents of Para 13 of the Plaint are denied and disputed
as false, incorrect, and misconceived. The allegations of the
Defendant ensuing threat, trespassing on the property and
physically harming the Plaintiff are false and completely
fabricated only to mislead this Hon’ble Court.
14.That the contents of Para 14 of the Plaint are denied in totality as
being false, misleading and incorrect. The allegations made by
the Plaintiff is false and figment of his imagination. The heinous
allegations made by the Plaintiff is only to obfuscate the legal
right of the Defendant and to pressurize him into paying the
Plaintiff to drop the suit and illegally encroach upon the
Defendant’s property.
15.That the contents of Para 15 of the Plaint are wrong and denied,
except to the extent that they pertain to record. It is admitted that
there is an ongoing investigation on account of the criminal
complaint filed by the Plaintiff. However, it is vehemently
denied that the Defendant violated the Plaintiff’s right as no such
alleged incident occurred, and the defendant did not perpetuate
the alleged acts of violence against the Plaintiff. The averred
incident is purely a figment of Plaintiff’s imagination. Further,
the investigation has not yet been completed.
16.That the contents of Para 16 of the Plaint are denied as being
false, baseless and bad in law. It is stated that the Plaintiff is not
entitled to a permanent injunction as the Plaintiff is in breach of
the stipulations of the Lease Deed. The Plaintiff has failed to
comply with the provisions of the Lease Deed, which clearly
stipulates the terms of tenancy, including the obligations
regarding rent payment. Further, the Plaintiff is not entitled to the
relief sought in the plaint as the Plaintiff has not demonstrated
any legal basis for the claims of unlawful eviction or damages. It
is further submitted that the Plaintiff has filed no reliable
documents on record to prove his allegations.
17.That the contents of Para 17 of the Plaint are denied in totality as
being false, misleading and incorrect. The allegations made by
the Plaintiff is false and figment of his imagination. The issuance
of such injunction would be a violation of the rights of the
Defendant and would be a greivance to justice.
18.That the contents of Para 18 of the Plaint are denied and disputed
as false, incorrect, and misconceived. The Plaintiff had been
sufficiently informed about the modifications to the Lease Deed
regarding the increment of rent, and as the Plaintiff is in direct
violation of the same, he was confronted by the Defendant
following the rules of law.
19.That the contents of Para 19 of the Plaint are denied as being
false, baseless and bad in law. The Plaintiff is attempting to
exaggerate the situation to generate favour by this Hon’ble court.
There has been no violation of the Plaintiffs rights by the
Defendant.
20.That the contents of Para 20 of the Plaint are denied as being bad
in law as the Plaintiff has no grounds to be filing such suit, it is
just an attempt to evade the terms of the Lease Deed and waste
the precious time of this Hon’ble court.
21.That the contents of Para 21 of the Plaint are denied. There has
been no violation of the Plaintiffs rights by the Defendant.
22.That the contents of Para 22 of the Plaint are denied. The Plaintiff
is attempting to exaggerate the situation to generate favour from
this Hon’ble court.
23.That the contents of Para 23 of the Plaint are denied. The charges
of criminal conduct made by the Plaintiff against the Defendant
are without foundation and are intended to unfairly prejudice this
Hon'ble Court against the Defendant.
24.That the contents of Para 24 of the Plaint are denied. It is instead
the Defendant who shall suffer irreparable injury if such
injunction is filed by this Hon’ble court.
25.That the contents of Para 25 of the Plaint are denied. The Plaintiff
is bound under the Lease Deed and is granted address there, the
claim that the Plaintiff is without a home suggests a breach of the
same Lease Deed. The Plaintiff is attempting to garner favour
and support of the court to violate the Lease Deed and the laws
of the nation.
26.That the contents of Para 26 of the Plaint are denied. There has
been no violation of the Plaintiffs rights by the Defendant or any
of the Defendants alleged ‘agents’. The assumption made by the
Plaintiff that the Defendant does not possess any legal right or
power to interfere with the Plaintiff's occupancy of the premises
constitutes an inaccurate assertion. As the owner of the property,
the Defendant has the right to guarantee that the terms of the
Lease Agreement are adhered to. This right includes the right to
seek a fair rent adjustment that is in accordance with the current
market conditions regarding the property.
27.That the contents of Para 27 of the Plaint are denied as being bad
in law. There is no basis for the Plaintiffs suit to stand any ground
as at every point in time, the Defendant has conducted
themselves in a manner that is completely compliant with the law
and the Lease Deed.
28.That the contents of Para 28 of the Plaint are denied as being bad
in law. This Hon’ble court does not have the territorial
jurisdiction over such suit under Section 16 of the Code of Civil
Procedure, 1908. The Defendant asks this Hon’ble court to
dismiss this matter on these grounds of wrongful jurisdiction.
29.That the contents of Para 29 of the Plaint are denied as being bad
in law. This Hon’ble court does not have pecuniary jurisdiction
 over this matter under Section 6 of the Code of Civil Procedure,
1908. Regarding the fact that the Plaintiff has failed to pay the
required court fees and has calculated the worth of the complaint
incorrectly, the suit is at risk of being dismissed.
30.That the contents of Para 30 of the Plaint are denied as being bad
in law.

PRAYER

31. In view of the aforementioned facts and circumstances, it is most

respectfully prayed that this Hon'ble Court may be pleased to:

a) Dismiss the Plaintiff's suit with exemplary costs, as the suit is

frivolous, vexatious, and without any merit.

b) Direct the Plaintiff to vacate the premises and hand over

peaceful possession to the Defendant unless the outstanding rent
of Rs. ………. for the months of July and August 2024 is paid,
along with interest at the rate of __% per annum.

c) Pass a decree in favour of the Defendant for the recovery of

Rs.………………. as damages for defamation and malicious
litigation, caused due to the Plaintiff’s baseless allegations and
misuse of judicial process.

d) Grant any other relief which this Hon’ble Court may deem fit
and proper in the facts and circumstances of the case.

VERIFICATION

I, Mr. DC Aggarwal, son of Mr. BC Aggarwal, resident of Shalimar

Bagh, New Delhi, do hereby verify that the contents of the above
Written Statement from paras 1 to are true and correct to the best of
my knowledge and belief. No part of it is false, and nothing material
has been concealed therefrom.

Verified at New Delhi on this the 12th day of September 2024.

DEFENDANT
(DC Aggarwal)
 LIST OF DOCUMENTS

S.No. Particulars
1. Copy of the Lease Deed dated 01.05.2023 between
Plaintiff and Defendant.
2. WhatsApp messages and calls between the Plaintiff and
Defendant regarding the rent increase and eviction.
3. Formal notice issued by the Defendant regarding the
proposed rent increase.
4. Pictures of the property’s condition before and after the
Plaintiff’s tenancy.
5. Title deeds for the property at 15, School Lane, Bengali
Market, New Delhi-110001, w.r.t the Defendant’s right
to lease out the property and manage tenancy issues.
6. Formal eviction notice initiated against the Plaintiff.
7. Recent market analysis and rental rate documentation for
similar properties in the area.
8. Records of any maintenance or repair work done on the
property during the Plaintiff’s tenancy.
9. WhatsApp messages and emails between the Plaintiff
and Defendant during the month of April 2023 regarding
the the initial lease negotiations to provide context on the
agreed terms and conditions on potential rent increases
and lease extensions.
 IN THE COURT OF CIVIL JUDGE
TIS HAZARI COURT, NEW DELHI
(Ordinary Original Civil Jurisdiction)
CS (OS) No. 11 of 2024
IN THE MATTER OF

HK Gupta .……Plaintiff
Versus
DC Aggarwal ……Defendant

AFFIDAVIT IN SUPPORT OF WRITTEN STATEMENT

I, Mr. DC Aggarwal, aged about 54 years, son of Mr. BC Aggarwal,

residing at 15, School Lane, Bengali Market, New Delhi-110001, do
hereby solemnly affirm and declare as under:

That I am the Defendant in the above-mentioned case and am well

acquainted with the facts and circumstances of the present case.

That the accompanying Written Statement has been drafted under my

instructions, and I have read and understood the contents thereof.

That the contents of the Preliminary Submissions, Preliminary

Objections, and Reply on Merit contained in the accompanying Written
Statement are true and correct to the best of my knowledge and belief,
based on the records available to me.

That the contents of the Prayer are also true to the best of my knowledge
and belief, and I fully endorse and support the reliefs sought therein.

That I say that nothing material has been concealed or misstated in the
accompanying Written Statement.

DEPONENT

VERIFICATION
Verified at New Delhi on this day of 12th September 2024, that the
contents of my said affidavit are true to the best of my knowledge and
nothing material or relevant has been concealed therefrom.

DEPONENT
 IN THE COURT OF CIVIL JUDGE
TIS HAZARI COURT, NEW DELHI
(Ordinary Original Civil Jurisdiction)
CS (OS) No. 11 of 2024
IN THE MATTER OF

HK Gupta ...Plaintiff
Versus
DC Aggarwal …Defendant
VAKALATNAMA

Know all to whom these presents shall come that, I, DC Aggarwal, the
above-named Defendant, do hereby appoint,

Harshita Singhal, Advocate (Enrolment No. D/XXXX/2020), WAP

House, 69 Street, New Delhi – 100 816, Mobile No. +91 73xxx-
xxx65, Baisakhi Rout, Advocate (Enrolment no. D/XXX/2021),
Mobile No. +91 67xxx-xxx35, Aditi Anup, Advocate (Enrolment no.
D/XXX/2019), Mobile No. +91 67xxx-xxx36, Mallika Vasudevan
Sondhi, Advocate (Enrolment no. D/XXX/2020), Mobile No. +91
67xxx-xxx31, Mirnalini Basakaramoorthy, Advocate (Enrolment
no. D/XXXX/2021), Mobile No. +91 67xxx-xxx32, Bindu Punnani,
Advocate (Enrolment no. D/XXX/2018), Mobile No. +91 67xxx-
xxx30, Suryakiran TS, Advocate (Enrolment no. D/XXX/2019),
Mobile No. +91 67xxx-xxx39, to be my Advocates in the above-noted
matter, and authorize them:
1. To sign, verify and present and send notices, replies to rejoinders,
pleadings, appeals, cross-objections or petitions for execution,
review, revision, other petitions or affidavit or other documents as
shall be deemed necessary or advisable for the prosecution of the
case or in relation thereto in all its stages.
2. To appear, act, and plead in the above-mentioned case in any court
or tribunal etc., in which the same may be heard or tried in the 1st
instance or in appeal or review or revision or execution or in any
other stage of its progress until its final decision.
3. To withdraw or compromise the said case or submit to arbitration any
differences or disputes that may arise to or in any manner relating to
the said case.
4. To receive documents, papers, records, orders etc., and to do all other
acts which may be necessary or proper to be done for the progress
 and in all courses of the prosecution of the said case.
5. To employ any other legal practitioner, advocate or consultant
authorizing him to exercise the power and authority hereby conferred
on the Advocate(s) whenever he/ they may think fit to do so.
And I hereby agree that whatever the Advocate(s) or his/ her/ their
substitutes shall do in the premises shall be binding on me for all intents
and purposes just as if it would have been done by me.

And I hereby agree not to hold the Advocate(s) or his/ her/ their
substitutes responsible for the said case in consequence of their absence
from the court when the said case is called up for hearing.

And I agree that if the whole or any part of the fee agreed by me to be
paid to the Advocate(s) remaining unpaid, they shall be entitled to
withdraw from the prosecution of the said case, or not appear until the
same is paid.

In witness whereof I hereunto set my hand to these presents the contents

of which have been explained to and understood by me.

Date: 12.09.2024

Advocate(s) Client