Legal Format & Draft
Affidavit with the Application Objecting: Sample Format
Reference draft used in Indian courts — replace the blanks with your own case details.
Before the Rent Control and Eviction Officer . ................
Case No …………………………..…..of ………………..
In the matter of objection to the notice under section ..................................... .............. Rent Control & Eviction Act relating to allotment of portion of House No...........................
Affidavit of A aged about ………………..years son of Shri ……….………………..resident of ………………..
I. A, aged about ………………..years, son of Shri ……………………. ………………..resident of ……………….. do solemnly affirm and state as under:
1. That I am the objector in the aforesaid matter and as such fully acquainted with the
facts deposed to below.
2. That I am landlord of the house bearing No . ………………..in respect of a portion of which the notice has been served.
3. That I am in occupation of the said house bearing No . ..................................
4. That I inherited the said house on the death of my father late ……………….. on or ……………about
5. That my father let out the portion of the said house to Shri ………………..in the year ………………..
6. That said Shri ………………..vacated the portion let out to him on ..............................and since then the said portion is in my occupation as the same was required by me for the residential purpose of my family members.
7. That when my father let out the portion of the said house to Shri ……………….. my daughters and sons were very small and they have now grown up. As my daughters are young, I do not want to share the house with an outsider.
8. That the portion in my occupation, before Shri …………………..…………..vacated the portion of my house was not sufficient for my family. In fact I requested Shri …………………. ………………..to vacate the portion of the house let out to him for requirements of my family.
9. That one of my son Shri ………………….……………..has been married on ………………..and one room is required for him. The portion vacated by Shri ……………..……………..consists of 3rooms, out of which one is occupied by my married son Shri ……………..…………..and the other two rooms are used for residential purposes by my daughters and another son.
10. That I submitted an application to the Rent Control and Eviction Officer on .................... I intimating that the portion of the house No ………………..vacated by Shri ………………..may not be allotted to anybody, as the same is required for the residential use of my family.
11. That the portion of the house No ………………..has been allotted to Shri ………………..inspite of my submitting an application to the Rent Control and Eviction Officer, .........................in this regard.
12. That the allotment order dated ……………….. issued by the Rent Control and Eviction Officer ……………. in favour of Shri ………………..is illegal and without jurisdiction and the notice served in pursuance of the said allotment order is also illegal and liable to be quashed.
13. That in the interest of justice, it is necessary that the notice dated ................... should be quashed and my occupation to the said accommodation may not be disturbed.
I, A, the above named, do hereby verify that the contents of paragraphs 1 to 10 are true to my knowledge, and the contents of paragraphs 11 to 12 are based upon legal advice which I believe to be true; nothing has been concealed and no part of it is false. So help me God.
Verified at ………………..on this ………………..day of ………………..20 ………………..
Date ……………….. Deponent
Case No …………………………..…..of ………………..
In the matter of objection to the notice under section ..................................... .............. Rent Control & Eviction Act relating to allotment of portion of House No...........................
Affidavit of A aged about ………………..years son of Shri ……….………………..resident of ………………..
I. A, aged about ………………..years, son of Shri ……………………. ………………..resident of ……………….. do solemnly affirm and state as under:
1. That I am the objector in the aforesaid matter and as such fully acquainted with the
facts deposed to below.
2. That I am landlord of the house bearing No . ………………..in respect of a portion of which the notice has been served.
3. That I am in occupation of the said house bearing No . ..................................
4. That I inherited the said house on the death of my father late ……………….. on or ……………about
5. That my father let out the portion of the said house to Shri ………………..in the year ………………..
6. That said Shri ………………..vacated the portion let out to him on ..............................and since then the said portion is in my occupation as the same was required by me for the residential purpose of my family members.
7. That when my father let out the portion of the said house to Shri ……………….. my daughters and sons were very small and they have now grown up. As my daughters are young, I do not want to share the house with an outsider.
8. That the portion in my occupation, before Shri …………………..…………..vacated the portion of my house was not sufficient for my family. In fact I requested Shri …………………. ………………..to vacate the portion of the house let out to him for requirements of my family.
9. That one of my son Shri ………………….……………..has been married on ………………..and one room is required for him. The portion vacated by Shri ……………..……………..consists of 3rooms, out of which one is occupied by my married son Shri ……………..…………..and the other two rooms are used for residential purposes by my daughters and another son.
10. That I submitted an application to the Rent Control and Eviction Officer on .................... I intimating that the portion of the house No ………………..vacated by Shri ………………..may not be allotted to anybody, as the same is required for the residential use of my family.
11. That the portion of the house No ………………..has been allotted to Shri ………………..inspite of my submitting an application to the Rent Control and Eviction Officer, .........................in this regard.
12. That the allotment order dated ……………….. issued by the Rent Control and Eviction Officer ……………. in favour of Shri ………………..is illegal and without jurisdiction and the notice served in pursuance of the said allotment order is also illegal and liable to be quashed.
13. That in the interest of justice, it is necessary that the notice dated ................... should be quashed and my occupation to the said accommodation may not be disturbed.
I, A, the above named, do hereby verify that the contents of paragraphs 1 to 10 are true to my knowledge, and the contents of paragraphs 11 to 12 are based upon legal advice which I believe to be true; nothing has been concealed and no part of it is false. So help me God.
Verified at ………………..on this ………………..day of ………………..20 ………………..
Date ……………….. Deponent
Using this format
This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.
Our Landlord & Tenant team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our landlord-tenant team handles eviction, possession and tenancy disputes.
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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.