IN THE HON’BLE COURT OF CIVIL JUDGE (SENIOR DIVISION), ____
1- Bir Singh, 2- Tek Chand, 3-
Saroop Singh @ Samay Singh sons of Sh. Kishan Lal son of Ganga Sahai, resident
of village _______, ______, Distt. _______, 4- Smt. Poonam wife of
Sh. Kundan Singh son of Sh. Kishan Lal, herself as well as legal heir of Sudhir
Attri son of Sh. Kundan Singh son of Sh. Kishan Lal, 5- Ranbir @ Randhir son of
Sh. Kundan Singh son of Sh. Kishan Lal,
resident of Sector-8, Faridabad.
.......Plaintiffs.
Versus.
Deepak son of
Sh. Naresh Kumar son of Sh. Madhoram, resident of________, Distt. _______ .
………Defendant.
Suit for Declaration and permanent injunction.
Respected Sir,
The plaintiffs humbly submit as under:-
1. That the plaintiffs being
owner in possession of agricultural land
bearing Khewat/Khata No. 60/91, Rect. No. 32, Killa No. 19(7-13), Rect. No. 33, Killa No. 6(8-0),
Rect No. 63, Killa No. 22(8-7), 23(8-0), Rect. No. 68, Killa No. 2/1(3-10),
2/2(4-10), 3(8-0), 8(8-0), 9/1(4-0), 9/2(4-0), 13(8-0), 18/1(5-7), Rect. No.
70, Killa No. 18/3(0-2), Rect. No. 86, Killa No. 14(8-0), 15(8-0) total
measuring 93 Kanal 09 Marla, situated within the revenue estate of village
Andhop, Sub Tehsil Bahin, Distt. Palwal, entered into an agreement of sale in
favour of defendant at the rate of Rs. 18 Lac per acre which comes to Rs.
2,10,26,250/- on 22-10-2021 vide an agreement executed by the plaintiffs in
favour of the defendant. The photocopy of agreement to sale dated 22-10-2021 is
attached herewith the plaint.
2. That as per the terms and
conditions of agreement to sale dated 22-10-2021, the defendant paid an amount
of Rs. 21,00,000/- to the plaintiffs out of which amount of Rs. 17,50,000/- was
paid through various cheques in favour of the plaintiffs and Rs. 3,50,000/- was
paid in cash to the plaintiffs and the rest of amount was agreed to paid on the
date of execution and registration of sale deed which was fixed for 15-03-2022.
3. That it was also agreed
between the parties to the suit that within limitation i.e upto 15-03-2022 the
defendant shall be at liberty to get the sale deed executed in his name or in
the name of his nominee and in case the plaintiffs will not execute and get
registered the sale deed then in that case the defendant shall be entitled to
get the sale executed and registered through the competent court of
jurisdiction and the plaintiffs shall be liable to the costs and expenditure on
litigation and in case the defendant will not get the sale deed executed and
registered from the plaintiffs within time fixed by the parties i.e 15-03-2022,
the earnest money paid by the defendant be forfeited and the agreement dated
22-10-2021 shall be deemed cancelled. And it was further agreed that in the
revenue papers the name of plaintiffs Ranbir & is recorded in the mutation
and in the Aadhar Card his name is recoded as Randhir which shall be got
corrected by the plaintiffs, similarly the name of Plaintiff Saroop Singh is
recorded in jamanbandi and in Aadhar is recorded as Samay Singh, which shall be
got corrected by the plaintiffs and a loan of Rs. 3 Lac obtained by plaintiff
Saroop Singh shall be cleared before the execution and registration of sale
deed.
4. That the plaintiffs have
already been ready and willing to perform their part of contract and have asked
many times to the defendant to pay the balance sale consideration to the
plaintiffs and to get the sale registered in his favour before tentative date
15-03-2022 but the defendant did not pay any heed to the request of the
plaintiffs. The plaintiffs also present themselves for perform their part of
contract by way of executing sale deed and getting the same registered on the
payment of balance sale consideration on 15-03-2022 before the concerned Sub
Registrar and remained present from 9:00 AM to 5:00 PM. The plaintiffs also
moved an affidavit for attestation before the Sub Registrar/Naib Tehsildar but
the registration department returned the same with the note that there is no
provision of attendance in the registration act. The copy of affidavit dated
15-03-2022 is attached herewith.
5. That the plaintiffs also
got the name corrected as per terms of agreement dated 22-10-2021 and also
cleared the loan over the suit property. The plaintiffs also got served a
notice upon the defendant on 01-04-2022 through Sh. Dharambir Advocate Hathin
vide which the defendant was called to pay the balance sale consideration
within a period of 10 days but the defendant gave an evasive reply of the same
without any reason and required that the name should be get corrected.
Thereafter the plaintiffs further sent a notice on 13-05-2022 but on account of
incomplete address given by the defendant in the agreement of sale, the notice
was not served upon the defendant but a copy of notice was received by Sh.
Deepak Aggarwal Advocate for defendant who replied the notice dated 01-04-2022
and no reply was given of the notice dated 13-05-2022.
6. That the plaintiffs further
sent a notice to the defendant through their advocate Sh. S.S Sehrawat on
27-05-2022 by registered post along with advocate of defendant and asked the defendant
to get the sale deed execute and registered within a period of 15 days, as such
there was no hindrance in the execution and registration of sale deed and in
case of failure of getting the sale deed executed and registered on the payment
of balance sale consideration it was mentioned in the notice that in case the
defendant did not get the sale deed executed and registered in his favour
within a period of 15 days then in that case the earnest money shall be deemed
forfeited ant the agreement shall be deemed cancelled and the plaintiffs shall
not be bound by the agreement dated 22-10-2021 and in case any proceedings are
carried out the defendant shall be at his own costs.
7. That the plaintiffs
unilaterally provided a period of about three months more than the tentative
period/limitation i.e 15-03-2022 to the defendant for performing his part of
contract but the defendant failed to pay the balance sale consideration and to
get the sale deed executed and registered in his favour. The defendant failed to
honour the agreement of sale within the stipulate period and further period of
about three months extended by the plaintiffs. This shows that the defendant has
been unable to perform the part of contract, hence the agreement dated
22-10-2021 stand cancelled and earnest paid by the defendant to the plaintiffs
stand forfeited. Moreover the plaintiffs also agreed to purchase the land from
the balance sale consideration also paid earnest money and on account of the
failure of the defendant to perform his part of contract the plaintiffs have
also suffered a great loss, hence the defendant is not entitle to any kind of
relief through the agreement dated 22-10-2021.
8. That the plaintiffs have
asked the defendant to get the agreement dated 22-10-2021 cancelled through the
process vide which the agreement of sale is cancelled and not to initiate any
type of proceedings on the basis of cancelled agreement vide its terms and
conditions but the defendant is making one plea or other and has not accepted
the request of the plaintiffs and lastly refused to accept the request the
plaintiffs on 30-06-2022, hence this is the last date of cause of action which
has accrued to the plaintiffs to file the present suit. Hence this suit.
9. That no other suit or
proceedings have been adjudicated upon previously between the parties to the
suit with regard to the matter in controversy and no such suit or proceedings
are still pending between the parties to the suit in any other court of law at
the time of the institution of the present suit.
10. That the suit land situated
and the cause of action to file this suit arose within the territorial
jurisdiction of this Hon`ble court and this Hon`ble court has got jurisdiction
to entertain and try this suit.
11. That the value of the suit
for the purposes of jurisdiction and court fee is assessed at Rs.200/ and on a
suit for permanent injunction a fixed court fee of Rs.25/ is paid on the
plaint.
12. Prayer clause- It is therefore prayed
that a decree for declaration to the effect that the agreement dated 22-10-2021
executed by the plaintiffs in favour of the defendant is ineffective,
inoperative, null and void and the same does not create any right in favour of
the defendant and is liable to declared as cancelled on account of non-compliance
of terms and conditions of the agreement by the defendant, may kindly be passed
in favour of the plaintiffs and against the defendant and further a decree for
permanent injunction restraining the defendant from initiating any kind of
proceedings against the plaintiffs on the basis of cancelled agreement of sale
dated 22-10-2021, may kindly be passed in favour of the plaintiffs and against
the defendant with cost of the suit. Or any other relief which this Hon`ble
court deems fit and proper may also be awarded to the plaintiffs.
Plaintiffs
Through Counsel
IN THE
COURT OF HON’BLE CIVIL JUDGE, SR. DIV., ________
Bir Singh
and others Vs.
Deepak
SUIT FOR DECLARATION AND PERMANENT INJUNCTION
AFFIDAVIT
I, Bir Singh son of Sh. Kishan Lal son of Ganga Sahai, resident of village Mohna, Sub Tehsil Mohna, Distt. Faridabad, do hereby solemnly affirm and declare as under: -
1- That
the deponent/plaintiffs have filed the above noted suit in this Hon’ble Court
and the contents of the same have been read over to us by our counsel in simple
Hindi language, which we accept to be true and correct and the same may kindly
be read as part of this affidavit in order to avoid unnecessary repetition.
Deponent
Verification:
- Verified
that all the contents of the above affidavit are true and correct to the best
of my knowledge and belief and nothing has been concealed therein. Verified at Hathin on
Deponent
IN THE
COURT OF HON’BLE CIVIL JUDGE, SR. DIV., HATHIN
Bir Singh
and others Vs. Deepak
SUIT FOR DECLARATION AND PERMANENT INJUNCTION
APPLICATION
UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 CPC PRAYING FOR GRANT OF
EX-PARTE AD-INTERIM INJUNCTIVE ORDER.
Respectfully Showeth:-
1-
That the applicants/Plaintiffs have this day
instituted the above captioned case; they entreat the contents contained in the
suit may be read herein for brevity sake.
2-
That succinctly stated that the
applicants/plaintiffs have very good prima-facie strong case to succeed,
balance of convenience heavily tilts in their favour, and they shall suffer an
irreparable loss and incalculable injury if the stay sought for is not granted.
3-
That the object of the justice would be defeated
by the delay, very purpose of filing this suit would be vitiated and it would
lead to multifarious litigation if the relief sought for is not granted.
4-
That now the defendants are adamant to initiate
proceedings on account of the cancelled agreement and interfering into the land
mentioned in para no. 1 of the plaint illegally and forcibly for which the
defendant has got no right, title and interest to do so. If the defendant will be succeeded in his
illegal designs in that event the plaintiffs will suffer an irreparable loss
and injuries, which cannot be compensated in the terms of money.
PRAYER:
It is, therefore, prayed
that an ex-parte ad-interim injunction order thereby restraining the defendant
from initiating any proceedings on account of cancelled agreement dated
22-10-2021 and further restraining the defendant from doing any interference in
respect of the land mentioned in para
no. 1 of the plaint forcibly, illegally and in any coercive manner whatsoever may kindly be passed in favour of the
plaintiffs and against the defendant till the final decision of the suit.
Dated
:-
Applicants/Plaintiffs.
Through
counsel:
IN THE
COURT OF HON’BLE CIVIL JUDGE, SR. DIV., ______
Bir Singh
and others Vs.
Deepak
SUIT FOR DECLARATION AND PERMANENT INJUNCTION
APPLICATION
UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 CPC PRAYING FOR GRANT OF
EX-PARTE AD-INTERIM INJUNCTIVE ORDER.
AFFIDAVIT
I, Bir Singh son of Sh. Kishan
Lal son of Ganga Sahai, resident of ______,
do hereby solemnly affirm and declare as under: -
1.
That the plaintiffs have filed
the above noted suit and application for temporary injunction in this Hon’ble
Court and the contents of the same may
kindly be read as part and parcel of this affidavit in order to avoid
unnecessary repetition
2. That all the contents of the same have been read over to me by my counsel in simple Hindi language, which I accept to be true and correct.
Deponent
Verification:
-Verified
that all the contents of the above affidavit are true and correct to the best
of my knowledge and belief and nothing has been concealed therein. Verified at
Deponent
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