Drafting: Written Statement

In the court of the Joint Judge 2 nd court, Dhaka

The Suit no -1 of 2015 Md.Abdul Wadud and others --------------------------------- Plaintiffs Versus Md.Nahid and others -------------------- Defendants

Written statement of behalf of the defendants numbers  – (01-03) (01-03) 1. That the suit is not maintainable in the present form. 2. That there is no cause of action in this suit. 3. That the suit is barred by the limitation. 4. That the suit is bad for defects of parties and properties. 5. That the suit is barred by the provision of section 42 of the Specific Relief Act 1877. 6. That the plaintiffs have no possession possession in the suit land and the suit land is an undivided property and without prayer for recovery Khas possession and the  present suit is not maintainable maintainable in its present present form. form. 7. That the suit is not properly valued and stamped .the present market price of a suit land is more than Tk 1500000 and since the plaintiffs have no  possession  possession in the suit land land .they are to pay ad valorem valorem of court fee of the suit suit land. 8. That the statements which are not not specially admitted by the plaintiffs plaintiffs shall shall  be deemed to have have been denied by the plaintiffs.

9. That the statement made in the first sentence of the first paragraph of the  plaintiffs true. The statements made in the 8th paragraph that the further of the plaintiffs bought the suit land by virtue of the final decree passed in  partition suit no 1 of 1954 is not correct. 10.That the statements made in the paragraph no -2 of the plaint that Mr, Abdul Halim and Karimuddin transferred the suit land in the favour of the plaintiffs  by the registered deed of the gift dated -01-012004 or the plaintiffs have  been enjoying and possessing the suit land mutating their names and paying rents regularly are absolute false and fabricate .it is further state that BS Khatian of the suit land has been wrongfully prayed in the name of the  plaintiffs. 11.That the statements made in the paragraph 3rd that on -01-02-2015 at 10.00 am these defendants claim to the suit land and made a claim over the suit land is also false and fabricate 12.That the statements made in the paragraph no -4 of the plaint is not correct. It is further stated that the plaintiffs are very much aware of recording in the suit land in the defendant no -04. 13.That the paragraph no-05 that the defendants no-04 has no right to transfer the suit land and the defendants -01-03 have no title and possession in the suit land or that the claim of the defendants -01-03 have created clouds in the title of the plaintiffs are totally false and concocted . 14.That the statements made in the paragraph no-06 of the plaint that the cause of action of the suit has arisen on -15-02-2015 is not correct.

15.That the real fact is that the suit land along with other lands of CS Khatian no-52 measuring 1.35 Acores belong to Md.Rahimuddin .the said property was an undivided property .through amicable arrangements the defendant no-04 had been enjoying and possessing the suit land .No summon of  partiotion suit no- 01 of 1954 was served upon defendant no -04 ,the fathers of the plaintiffs did not get possession of the suit land .Through the court the SA khatian of the suit land has been correctly recorded in the name of defendant no -04 on the basis of her title and physical possession .The defendant no-04 has mutated the suit land in her name after purchase of the suit land the defendants no  –  01-03 have also mutated suit land in their names and have been enjoying and possessing the same regularly paying rent to the Government .against the BS khatian the defendants no  –  01-03 had filed a case before Land Survey Tribunal which is now pending .The  plaintiffs have no right, title and possession in the suit land and that the suit is liable to be dismiss with cost. Verification That the statements made in the written statements are true and in the knowledge of my belief and same has been written as my instructions. I put my signature on this day 30th day of the April 2015 in the chamber of my learned Advocate. Md.Nahid