IN THE COURT OF THE HON'BLE V ADDITIONAL JUNIOR

CIVIL JUDGE :: RANGAREDDY DISTRICT :: AT

KUKATPALLY

I.A.No. OF 2017
IN
O.S.No. 513 OF 2017

BETWEEN:

M/s. V & V Varasidhi Builders & Developers,

…. Petitioner/Defendant
AND

Smt. Jekkula Yadavathi

…..Respondent/Plaintiff

COUNTER AFFIDAVIT FILED BY THE RESPONDENT/PLAINTIFF

I, Smt. Jekkula Yadavathi, W/o. J. Jagaddas, Aged about 65 years,

Occ: Housewife, R/o. MIG 610, BHEL, Phase-I, Ramachandrapuram,
Dist: Medak, Hyderabad, TS, do hereby solemnly and sincerely affirm
and sincerely state on oath as follows:

1. I submit that I am the respondent/Plaintiff herein and well

acquainted with the facts of the case and submit the following counter
affidavit as against the claim of the Petitioners/Defendants herein as
under.

2. I submit that the para No.1 and 2 needs no reply as it is formal in

nature.

3. In reply to para No.3 of the affidavit filed in support of above IA by

the petitioners/Defendants before this Hon’ble Court, it is submitted that
it is not true to say that the plaintiff had filed a false suit against the
defendants and the petitioners/defendants shall be put to strict proof of
the same.

4. In reply to Para No.4 it is submitted that allegations raised by the

petitioners/defendants is false and hereby denied and the
petitioner/defendants shall be put strict proof of the same.

5. In reply to the para No.6 it is submitted that the

petitioners/Defendants committed the breach of the trust and harassed

Contd.,2
 ::2::
me without caring for my old age with the ulterior motive and malafied
intention and committed several fraudulent activities in drafting the
development agreement and to the best of my knowledge there was never
a clause of arbitration for which I have agreed, it is with the malafied
intention the petitioner inserted the arbitration clause which was never
recited by the petitioner as am the illiterate lady I trusted and signed the
development agreement in good faith to the petitioner. It is pertinent to
mention that the petitioner had executed a rectification deed vide
Doc.No. 3200/2013 where the petitioner admitted and stated that due to
oversight and typographical error it was typed as 45:55% instead of
50:50% which is evident that the petitioner with the malafied intention
inserted the clause which was never ever part of the development
agreement as stated by the petitioner and more over I have never agreed
for such terms and conditions and thereafter I issued two legal notices
to the petitioners/defendants dated 18-11-2103 and 28-10-2015 which
is filed along with this suit and the petitioners never replied and never
taken the plea of the arbitration and instead of filing of the written
statement; the petitioner only with the intention drag the matter filing
frivolous petition to harass me.

6. In reply to the para No.7 the allegations are hereby denied and the
petitioner shall be put to strict proof of the same.

It is, therefore, prayed that this Hon’ble court may be pleased to

dismiss the IA application with exemplary cost in the above case as it is
suit for damages and return of original documents and not for
performing the Development Agreement hence the pleas taken by the
petitioner/ Damages are irrelevant to the present suit hence this petition
is liable to be dismissed in the interest of justice.

Deponent
Solemnly and sincerely affirm this
the day of
and signed his name in my presence.

BEFORE ME

ADVOCATE /MIYAPUR
IN THECOURT OF THE HON'BLE V
ADDITIONAL JUNIOR CIVIL
JUDGE:: RANGAREDDY DISTRICT

AT KUKATPALLY

I.A.No. OF 2017
IN
O.S.No. OF 2017

BETWEEN:

M/s. V & V Varasidhi Builders &

Developers,

….Petitioner/Defendant
AND

Smt. Jekkula Yadavathi

..Respondent/Plaintiff

COUNTER AFFIDAVIT FILED BY

THE RESPONDENT/PLAINTIFF

FILED ON:

FILED BY:

M/s. R.S.Associates,
T. RATAN SINGH,
ASWING GOUD,
SURYAMANI PATNAIK
H.No.24-43/2, Beside Triveni Talent
School, Ashok Nagar,
Ramachandrapuram, Hyderbad-
502032. Cell:9912428035

Counsel for Respondent/Plaintiff