Written Statement in An Injunction Matter Relating To Infringement of Easement Rights

WRITTEN STATEMENT IN AN INJUNCTION MATTER RELATING TO INFRINGEMENT OF
EASEMENT RIGHTS
IN THE COURT OF THE..............
Written Statement
In
Suit No...................... of 19..............
.................. (parentage and address)............. Plaintiff.
versus
.................. (parentage and address)......... Defendant.
Written statement of Defendant No. 1:
Sir,
The Defendant No. 1 abovenamed most respectfully submits as follows: Parawise reply to the
plaint—
1. Para 1 of the plaint, as stated, is not admitted. The plaintiff is put to strict proof of the facts
alleged by him in this para.
2. Para No. 2 of the plaint is not admitted.
3. Para No. 3 of the plaint, as stated, is not admitted. It is however, not denied that the
defendant has got new baithak construction in place of the old baithak, but the remaining portion
of his house is old and continued to be so till now. All allegations to the contrary are wrong and
denied.
4. Para No. 4 of the plaint is absolutely wrong and the facts alleged therein are also incorrect
and denied. So far as the jangala, door and roshandans are concerned the plaintiff got the same
affixed and constructed within about l-½ months. The defendant requested the plaintiff not to do
so but he did not pay any heed to the request of the defendant and got the said things affixed
forcibly. The defendant is a person of modest means and also he is peace loving and he never
wanted to take law in his own hands, hence he could not check the plaintiff at the time.
However, the defendant closed the same, except one jangala from before the institution of the
suit. The plaintiff has no right to construct the said jangalas etc., towards the side of the
defendant, and the same were absolutely illegal and unauthorised and as such the defendant
closed the same. However, one new jangala still continues due to which the right of privacy of
the defendant is infringed and continues to be infringed. The defendant requested the plaintiff to
close the same but he does not pay any heed to the request of the defendant. The ladies and
inmates of the defendant’s house are unable to sit on the roof towards which the said jangala
opens and in this manner the defendant is unable to use his property in the manner and for the
purposes he is entitled to use. All allegations to the contrary are wrong and denied.
5. Para No. 5 of the plaint is wrong and the facts stated therein are incorrect and are denied.
The plaintiff had any other house nor did ever pass from over the roof of the defendant either for
going in the latrine or for any other purposes. As regards light and air, the plaintiff has been
receiving the same through other doors and openings etc. in the roof in question. It is absolutely
wrong to allege that the plaintiff had been using the alleged jangalas and gate for light and air
since the time of his ancestors. It is also wrong to allege that he has acquired any right of
easement, of light and air through the said door and jangalas. As submitted above the said door
and jangalas were got constructed by the plaintiff about 1-1/2 months ago including the
roshandans in question, hence the question of using the same for last over 20 years could not
and does not arise at all.
6. Para No. 6 of the plaint is wrong and denied. So far the construction of the room in question
is concerned, the same is absolutely legal and valid and it stood constructed from before the
institution of the suit. The defendant has every right to close the remaining jangalas. So far as
the other doors, jangalas and roshandanas are concerned, they were already closed by the
defendant from before the institution of the suit and from before the service of injunction order
upon him.
7. Para No. 7 of the plant as stated is not admitted. The defendant is not raising any
constructions. However, so far as the remaining jangala is concerned, the defendant has every
rights to close the same.
8. Para No. 8 of the plaint is also not admitted. Allegations made in this para are wrong and
denied.
9. Para No. 9 of the plaint is not admitted.
10. Para No. 10 of the plaint is also not admitted. The plaintiff is put to strict proof of the facts
alleged by him in this para.
11. Para No. 11 of the plaint is not admitted. The plaintiff is not entitled to get any of the reliefs
claimed in this para.
12. Paras No. 12 of the plaint is not admitted. Facts alleged in this para are not admitted.
13. Para Nos. 13 and 14 of the plaint are legal and not admitted. ADDITIONAL PLEAS
14. That the plaintiff has neither any cause of action nor he is entitled to get any relief against
this defendant.
15. That the plaintiff has filed this suit with absolutely wrong allegations and by concealment of
true and correct facts which are as under.
16. That it is wrong to allege that the plaintiff has been using the jangalas etc., in suit for the last
over 50 years or that he has acquired any right of easement with respect to the same.
17. That the jangalas, doors, and roshandans etc., have been constructed recently by the
plaintiff within about six weeks of filing the suit and all allegations to the contrary are wrong and
denied.
18. That the suit as framed is not legally maintainable.
19. That so far as the doors, jangalas and roshandans (except oncjangala) were already closed
by the defendant even before the institution of this suit and hence from the point of view also the
suit is not maintainable.
20. The suit is false and frivolous and is liable to be dismissed with special costs.
It is accordingly prayed.
VERIFICATION
Verified that the contents of paras 1 to 12, 15, 16, 17 are true to my personal knowledge and
paras 13, 14, 18, 19, 20 are based on legal advice which I believe to be true. Verified
at.................... on....................
Defendant No. 1
Through Counsel

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Written Statement in An Injunction Matter Relating To Infringement of Easement Rights

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WRITTEN STATEMENT IN AN INJUNCTION MATTER RELATING TO INFRINGEMENT OF

IN THE COURT OF THE..............

Suit No...................... of 19..............

.................. (parentage and address)............. Plaintiff.

.................. (parentage and address)......... Defendant.

Written statement of Defendant No. 1:

2. Para No. 2 of the plaint is not admitted.

9. Para No. 9 of the plaint is not admitted.

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