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Agravo regimental - Apelação cível - Ação de despejo c.c. cobrança de aluguéis e encargos de locação - Memória discriminada do débito - Dedução das parcelas já pagas - Não-comprovação - Ônus do réuRecurso improvido. Alegando o réu fato modificativo, extintivo ou impeditivo do direito do autor, vale dizer, pagamento parcial da dívida, cabe a este trazer prova de sua alegação, notadamente quando existe nos autos prova documental do crédito por inteiro. (TJ/MS - Ag. Regimental n. 2004013487-7/0001-00 - Campo Grande - Ac. unân. - 3a. T. Cív. - j. em 20.12.2004 - Rel: Des. Claudionor Miguel Abss Duarte - Fonte: DJMS, 12.01.2005).
Ação de despejo por falta de pagamento c/c cobrança de aluguéis - Procedência - Preliminar de inépcia da inicial e cerceamento de defesa - Multa. 01. A inicial preenche todos os requisitos formais prescritos no art. 282 do Código de Processo Civil, tendo a parte autora não só declinado o estojo fático e jurídico necessário ao aviamento da presente demanda desalijatória cumulada com cobrança de aluguéis, como também discriminou, ainda que sucintamente, os valores referentes aos encargos locatícios que não foram pagos pelo locatário no período mencionado na exordial (...) de forma a propiciar o conhecimento da matéria e apresentar defesa. 02. Tratando-se de matéria unicamente de direito o julgamento antecipado da lide não caracteriza cerceio de defesa. A prova se dirige ao juiz e compete a ele aquilatar a necessidade ou não de produção de outras, além das constantes do processo. 03. O recorrido não incluiu em sua cobrança, débitos relativos...
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