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  • Format For Counter Claim Under Order 8 Rule 6 of CPC

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    mahendra Kamble
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    This document is a counter-claim filed by a defendant in a rent suit brought by a plaintiff landlord. It states that the defendant tenant paid house taxes and water taxes for the rented property and also incurred expenses fixing a shutter in the property with permission. The defendant claims the total amount owed from these payments as a set-off against any rent arrears claimed by the plaintiff. The defendant requests that rent arrears, if any, be adjusted against the amount owed to the defendant and any remaining balance be decreed in the defendant's favor.

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    counterclaim

    Original Title

    Format for Counter Claim under Order 8 Rule 6 of CPC

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    This document is a counter-claim filed by a defendant in a rent suit brought by a plaintiff landlord. It states that the defendant tenant paid house taxes and water taxes for the rented property and also incurred expenses fixing a shutter in the property with permission. The defendant claims the total amount owed from these payments as a set-off against any rent arrears claimed by the plaintiff. The defendant requests that rent arrears, if any, be adjusted against the amount owed to the defendant and any remaining balance be decreed in the defendant's favor.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    2K views5 pages

    Format For Counter Claim Under Order 8 Rule 6 of CPC

    Uploaded by

    mahendra Kamble
    This document is a counter-claim filed by a defendant in a rent suit brought by a plaintiff landlord. It states that the defendant tenant paid house taxes and water taxes for the rented property and also incurred expenses fixing a shutter in the property with permission. The defendant claims the total amount owed from these payments as a set-off against any rent arrears claimed by the plaintiff. The defendant requests that rent arrears, if any, be adjusted against the amount owed to the defendant and any remaining balance be decreed in the defendant's favor.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 5

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

    In the matter of;

    Suit No..................... of 2023

    Shri ................

    S/O….

    R/0……… Plaintiff

    versus

    Shri ........................

    S/O….

    R/0……… Defendant

    ANAPPLICATION FOR COUNTER-CLAIM OF THE DEFENDANT UNDER ORDER 8


    RULE 6A OF C. P. C.

    The counter-claim of the defendant is most respectfully submitted as under:

    1. That the defendant paid Rs.................... towards House tax and Rs..................... towards water-
    tax of the house No..................... in occupation of the defendant as tenant of the plaintiff.

    2. That the defendant has also got fixed a shutter in the shop in the said house at the cost of
    Rs..................... with the permission of the plaintiff.

    3. That as aforesaid the plaintiff owes Rs..................... in total to the defendant.

    4. That the defendant claims the aforesaid amount from the plaintiff in connection with the
    accommodation in question about which arrears of Rent Rs..................... are claimed by the
    plaintiff from the defendant.
    5. That adjusting the arrears of rent aforesaid, the defendant’s Rs..................... remain due from
    the plaintiff which are claimed from the plaintiff besides the adjustment aforesaid.

    6. That this counter-claim is valued at Rs..................... and this court has pecuniary jurisdiction to
    decide the matter.

    7. That ad valorem court fee is paid on the amount claimed by the defendant from the plaintiff.

    8. That the relief claimed by way of this counter-claim is the arrears of rent claimed by the
    plaintiff may be adjusted from the amount due from the plaintiff or the defendant as aforesaid,
    and the remaining amount of Rs..................... may be decreed from the plaintiff to the plaintiff.

    It is therefore prayed that the Hon’ble court kindly pass an order

    (A) Permanent/TEMPORARY Injunction against plaintiff/defendant on……

    (B) Arrear of Rent amounting Rs……….. from …………to till date

    (C) Such other relief.

    AND SHALL EVER PARY

    Plaintiff

    Place:....................

    Through Advocate

    Dated:....................

    VERIFICATION
    I,.................... defendant verify that the contents of paras 1 to 8 of the counterclaim are true to
    my personal knowledge. That no part of this counter-claim is false and nothing material has been
    concealed.

    Verified this.................... day of..:................. 19.................... at....................

    SCHEDULE OF PROPERTY

    AREA ………MEASURING ……….Sq Mtrs with Structure details if any bounded on North by
    ……………….South by………..East by…………West by……………..

    Signature of Plaintiff

    Counsel for Plaintiff

    VERIFICATION

    Verified at.................... on this.................... day of.................... 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.

    Counsel for Plaintiff

    AFFIDAVIT IN SUPPORT OF APPLICATION

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


    Suit No..................... of 200

    In the Matter of: -

    AB.................................................................... Plaintiff

    versus

    CD.............................................................. Defendants

    AFFIDAVIT

    I,........................................................................................................................ .................... do
    hereby solemnly affirm and declare as under: -

    1. That I am the plaintiff in the above noted case and am well versed with the facts of the case,
    and as such, am competent to depose to the same.

    2. That the accompanying application under Order 39 Rules 1 & 2 read with section 151 CPC
    has been drafted under my instructions. The contents stated therein are true and correct to my
    knowledge, and the same may be read as part and parcel of this affidavit.

    Deponent

    Counsel for Plaintiff

    List of Documents Filed

    1.....................

    2.....................

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