WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT



HOW TO WRITE WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT IN HIGH COURT (SAMPLE)


IN THE HIGH COURT OF SINDH AT KARACHI 
Suit No. 1306/2012 

Mrs. Sabahat Khan -------------------------------------- PLAINTIFF 

VERSUS 

Mrs. Saira Bukhari ------------------------------------ DEFENDANT 

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT 

The Defendant respectfully begs to submit as follows:

PRELIMINARY OBJECTIONS:

I. That the suit is not maintainable as framed or otherwise. 

II. There is no cause of action as alleged or otherwise. 

III. That the suit is filed with malafide and ulterior motives to defeat a right validly accrued to the Defendant. 

WITHOUT PREJUDICE to whatever is stated above, para-wise reply is as follows: 

1. That the contents of Para No. 1 as stated are denied. The fact of the matter is that Sahibzadi Aziz Jehan Begum is the mother of both the parties and she has been in the care of the Defendant since 1990. Being pleased with the Defendant’s services, the mother of the parties decided to purchase a flat (hereinafter referred to as the “subject property”) in the Defendant’s name. The mother purchased the subject property in her own name, and, later on, transferred the same in favour of the Defendant through a registered gift deed dated 29/08/03. 
                        (Photocopy of the gift deed is attached herewith and marked as Annexure “D-1”) 

2. That the contents of Paras No. 2 and 3 are admitted to the extent that the subject property was acquired by the mother of the parties vide sale deed dated 9/1/2000. However, it is denied that the mother verbally gifted the same in favour of the Plaintiff on 11/01/02. The Defendant reiterates that the subject property was purchased by the mother for the Defendant in lieu of her taking care of her mother. The Defendant has always been living with her mother as the mother wanted the Defendant to be with her. It is denied that the Plaintiff ever lived, occupied the subject property, or looked after her mother or for that matter the Plaintiff ever shared utilities as alleged or otherwise. The Defendant has made all payments in respect of utilities for the subject property. The Plaintiff is put to strict proof thereof. 
                        (Photocopy of the sale deed is attached herewith and marked as Annexure “D-2”) 

3. That the contents of Paras No. 4 & 5 are denied. It is denied that the Defendant and her husband moved to the flat in question by dispossessing the Plaintiff. It is submitted that the Plaintiff has no share of whatsoever nature in the subject property and she has never been in possession of the same. The Defendant submits that since the date of the transfer of the proprietary rights in respect of the flat in question, she has been in possession of the same. 

4. That the contents of Paras No. 6 & 7 are denied as both the Defendant and her husband are respectable and law-abiding citizens of Pakistan and that no criminal proceedings have ever been initiated or carried out against them. It is denied that any criminal cases are registered against the Defendant and her husband. 

5. That the contents of Para No. 8 are denied as no cause of action has accrued to the Plaintiff on the dates as stated in the plaint therein. 

6. That under the circumstances, it is submitted that the Plaintiff has fraudulently quoted the facts of the case by claiming that she is the owner of the subject property, although, she is well aware of this fact that the sole owner of the flat in question is no one else but the Defendant. 

7. That the contents of Paras No. 9 & 10 are formal, hence, need no reply. 

PRAYER 

In view of what has been stated hereinabove, the Defendant prays that the Plaintiff is not entitled to the reliefs claimed in any of the clauses mentioned therein. It is prayed that the suit is liable to be dismissed. 

Karachi Dated:                                                         00/00/0000

  • Document(s) filed: Annexure ‘D-1 to D-2’

  • Document(s) relied upon: Annexure ‘D-1 to D-2’ and all other documents that are necessary and relevant to the subject matter.
Update cookies preferences